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(영문) 춘천지방법원 2016.06.14 2016고단363
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On December 24, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Chuncheon District Court, and completed the execution of the sentence on June 10, 2015.

[2] On January 12, 2016, the Defendant: (a) connected the Defendant’s residence in Chuncheon City D and 2, using smartphones to the “R” site; (b) posted a notice to the Defendant that “gallon jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum ju

However, the defendant did not have the intent and ability to sell the above mobile phone to the victim.

The defendant received 60,000 won from the damaged person to the corporate bank account (T) in the name of the defendant as the price for the goods on the same day.

The Defendant, including the above criminal facts, received total amount of KRW 1,080,000 from the victims in the same manner over 15 times from January 1, 2016 to February 29, 2016, as shown in the daily list of crimes, through the same method as shown in the attached list of crimes, and acquired the money as the price for goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against U;

1. Each statement of V, W, X, Y, and S;

1. The authentic copy of the Z;

1. A report on internal investigation (attached to evidentiary data files, such as a statement of transfer);

1. The written confirmation of transfer, the notice of financial transaction status, the transaction statement by each account (the criminal facts of the victim AA, AB, AC, AD, AE, AE, AF, AG, and H), each bank transaction statement, each transfer statement, the check of liquidity transaction details, the check of deposit certificates by passbook without passbook, receipts, and the check of details of transactions;

1. Details, etc. of each letter;

1. A previous conviction: Application of a written inquiry, a written investigation report (the fact that a suspect currently is pending in trial and fact that he/she is a repeated crime);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria;

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