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(영문) 수원지방법원안산지원 2020.10.15 2020고단2817
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be the defendant to B who is an applicant for compensation, 570,000 won, and C who is an applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On February 9, 2018, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on October 15, 2018. On February 12, 2019, the suspended sentence was revoked. On August 8, 2019, the Defendant was sentenced to three (3) months of imprisonment for a crime of fraud in the same court, and completed the enforcement of each of the above sentence on August 8, 2019.

【Criminal Facts】

Around May 8, 2020, the Defendant, at the Defendant’s house located in Ansan-si, F, and G, made a false statement that “The Defendant would send Aphone XS mobile phone at the time of transfer of KRW 400,000,00 to the victim I who visited the Defendant by using a mobile phone at the H site.”

However, even if the defendant did not have the above mobile phone and received money from the victim, he did not have any intention or ability to send the mobile phone to the victim, such as living expenses and Internet gambling funds.

Nevertheless, as seen above, the Defendant, by deceiving the victim as above, received 400,000 won from the victim to the J bank account (K) in the name of the Defendant on the same day, and received 5,065,000 won in total from 11 times until June 22, 2020, as shown in the list of crimes in attached Form 10 to June 22, 2020.

Summary of Evidence

1. A copy of each statement of the defendant B, L, C, I, M, D,O, E;

1. On the grounds that a notice is posted, a sign-up, a photograph of each transfer completion, the contents of each conversation, each remittance certificate, each remittance certificate, each authentic account transaction statement, each transfer certificate, each posting document, each post-book, each Defendant's account transaction document, detailed statement of each Defendant's account transaction, detailed information on the results of the transfer, the certificate of deposit, the certificate of deposit, the closure of the transfer, and previous records indicated in the statement on the details of deposit and withdrawal transactions: the application of criminal records, etc. inquiry report (A), investigation report (the confirmation of the suspect'

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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