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(영문) 대전지방법원 2016.12.07 2016고단3759
사기
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A person shall be punished by imprisonment with prison labor for not less than one year and two months for a crime No. 2 as stated by the defendant.

With respect to the first crime against the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On January 15, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual fraud at the Seoul Western District Court on September 23, 2014, and the execution of the sentence is terminated on September 23, 2014; on June 26, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud at the Yongsan District Court on June 26, 2015

9. 14. After the judgment became final and conclusive, the execution of the sentence was completed on March 18, 2016.

【Criminal Facts】

1. On April 4, 2015, the Defendant: (a) visited the Internet Neneber’s website, posted a notice on the bulletin board stating that “I will sell gallon No. 4”; and (b) reported that “I will send the goods if I will deposit KRW 250,000 to IO of the victim contact.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the above mobile phone.

The Defendant, by deceiving the victim as such, received KRW 250,00 from the victim’s prior bank account in the name of the Defendant on the same day.

2. On March 31, 2016, the Defendant posted a letter “I will sell gallon No. 4” on a bulletin board with access to AP located in the Si AP in Mapo-si, Mapo-si, Mapo-si, Mapo-si, and reported it to AS that “I will send goods if I will deposit KRW 100,000.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the above mobile phone.

The Defendant, by deceiving the victim as such, received KRW 100,000 from the victim’s new bank account under the name of the Defendant on the same day, and thereafter, received from June 30, 2016 the total sum of KRW 5,320,000 from the 36 victims, as described in the separate crime list, from June 30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to AT;

1. AU, AV, AW, AX, AY, BA, BB, BD, BE, BG, BG, BH, BH, BJ, BK, BY, BY, BM, BP, BP, BP, BP, BP, BP, BS, BS, BT, BU, BV, BV, BY, BY, BY, B, CA, CB.

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