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(영문) 서울북부지방법원 2018.08.09 2018고단2143
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

The defendant shall be 785,00 won, through fraud, to the applicant for compensation.

Reasons

Punishment of the crime

[criminal records] On February 3, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and completed the execution of the sentence on December 12, 2017.

[Criminal facts] On January 2018, 2018, the Defendant posted a letter to sell beer North Korea (Lart North Korea) by accessing the PC room in which it is impossible to identify the trade name in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, on the PC room, and selling it to be 920,000 won.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the Nowon-do and did not have any intention or ability to sell goods to the victim because he did not receive money from the injured party under the pretext of the sale price of Nowon-do and thought to use it as living expenses, etc.

As such, the Defendant, by deceiving the victim, received KRW 920,00 from the victim on January 24, 2018, from the national bank account (E) in the name of the Defendant, and received KRW 22,236,00 in total from the victim on the same method from around that time to May 6, 2018, and acquired the money by remitting KRW 22,236,00 in total from the victim on the same method as in the list of crimes in attached Form 29.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of each authentic statement and statement (including the certificates of transfer confirmation, letters, messages, messages, car page advertisements, statement of transaction confirmation, statement of account transaction, document of account transaction, message, message, family relationship certificate, advertisement document, transfer confirmation, deposit certificate, receipt, account transaction statement), AF’s authentic statement and statement of account transaction;

1. Investigation report (related to a crime account and cellular phone), and internal investigation report (related to a statement by a victim's telephone);

1. A report on the utilization of a program for submitting smartphone evidence, a copy of a certified output of the program, and data to capture advertisements, and CCTV data;

1. Previouss before ruling: A/Written inquiry, such as criminal history;

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