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(영문) 창원지방법원 2019.02.14 2018고단2974
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant was sentenced to a suspended sentence of four months for fraud at the Changwon District Court, and the judgment became final and conclusive on April 21, 2018.

On January 22, 2018, at around 08:49, the Defendant posted a notice stating “E” as “E” at the Internet site D, at the Defendant’s residence located in Kimhae-si B apartment, and then deliver the said letter to the Victim F the said Victim F with KRW 430,000,00, if he/she remitted KRW 430,00 to the victim F.

The term "the expression was false."

However, even if the defendant did not possess the above game products at that time and received money from the victim, he did not have the ability to sell the above game products, and even if he received money from the victim for the purpose of receiving money from the victim at the beginning, he did not have an intention to deliver the above game products.

Nevertheless, on January 22, 2018, the Defendant, by deceiving the victim as above, received KRW 430,00 from the victim to G account in the name of the Defendant (H) around January 22, 2018, and acquired KRW 1,625,00 by deceiving the victims through the above four times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, J, F, and K;

1. A certificate of details of financial transactions in the principal, L sales letters, closure data of each conversation, answers to G bank, withdrawals, details of withdrawals, meetings of details of transactions, receipts, and details of service usage;

1. CCTV closure photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the facts that are currently suspended due to the previous records of the suspect), application of the written judgment-related statutes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Criminal Act, the suspension of execution;

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