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(영문) 서울북부지방법원 2016.02.03 2015고단4398
사기
Text

The defendant is punished by imprisonment with prison labor of 6 months for each fraud, and 89-240.

Reasons

Punishment of the crime

[criminal records] On March 26, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended sentence for fraud at the Seoul Northern District Court on March 26, 2015, and the judgment became final and conclusive on April 3, 2015, and is currently under suspended sentence.

[2] On September 6, 2015, the Defendant posted a letter to the effect that, at a non-permanent place, the Defendant sells a verbal gift certificate of KRW 100,00,00 to the victim D, who reported and contacted, by posting a letter to the effect that “a verbal gift certificate is sold” on the Internet Ntp and Mana (htp://cafe. Neverver.com/Mogora) bulletin, and sells it to KRW 70,00 per head.

If the price is paid in KRW 2.70,00,00 is paid, it is false to deliver merchandise coupons 4, and it was acquired through the remittance of KRW 270,00 to the account (E) in the name of the defendant from the above victim.

In addition, from April 23, 2014 to November 23, 2015, the Defendant received a total of 20,330,100 won from the victims of 239 victims on a total of 240 occasions, such as the list of crimes, in the same manner, from around April 23, 2014 to November 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of each victims;

1. Details of transactions, such as a certificate of transfer confirmation, and the message photograph of text messages;

1. Details of transactions with each Defendant’s account (the Nos. 88,89,90 of evidence list);

1. Previous records: Application of Acts and subordinate statutes to the results of inquiry and investigation reports (a bound report, such as a copy of the judgment);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence have not yet been punished for the same kind of crime, and thus repeatedly committed a crime under the same number of Acts and subordinate statutes. The total number of victims reach 240 persons and the total amount of damages exceeds 20 million won. However, the first head of the judgment with which the judgment became final and conclusive and the judgment above became final and conclusive.

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