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(영문) 서울동부지방법원 2018.06.28 2018고단1375
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 5, 2018, the Defendant posted a notice on the “C” bulletin board of the Internet portal site opened by the Defendant, and sent a message to the victim D, who reported and contacted, stating that “The Defendant would send a 260,000 won to transfer the call.”

However, as the defendant did not have the above newness, even if he received the payment from the injured party, he did not have the intention or ability to sell it.

The Defendant: (a) by deceiving the victim as above; and (b) received 260,000 won from the Saemaul Treasury account (number E) in the name of the Defendant on the same day from the victim; (c) received the remittance of KRW 1,496,000 from the victims on nine occasions from October 9, 2017 to February 25, 2018, including the transfer of KRW 260,000 from the Saemaul Treasury account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, D, H, and I;

1. A deposit certificate (F), deposit certificate (G), deposit statement (D), deposit certificate (H), and account separate trading statement (I);

1. Application of the Acts and subordinate statutes of Section 1 (G) to cover a shing window photograph (G), to cover a shing window (D), to cover a shing window (H), and to cover a shing course (I);

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

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes No. 1 in the review of the sentencing guidelines [the scope of the recommended punishment] No. 1 in the basic area (6 months to one year and six months) (the scope of the recommended punishment) [the scope of the punishment] No. 2 in the basic area of the sentencing guidelines [the scope of the recommended punishment] [the scope of the general fraud]] No. 3 in the basic area (6 months to one year and six months) [the scope of the recommended punishment] [the special sentencing person] [the scope of the recommended punishment] of the mitigated area (10 million won to one month] of the mitigated area (10 million won) [the special mitigated person] of the mitigated area (1 month to one year] of the mitigated area (the special mitigated person] [the final sentencing scope due to the aggravated increase of multiple offenses in the event that the punishment is not or considerable damage is recovered: June to February to July 2.

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