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(영문) 인천지방법원 2018.04.25 2018고단1785
사기
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants posted a letter to sell goods on the Internet without the intention of selling the goods in order to prepare the living expenses necessary for the sharing of the goods with schoolwork, and there was only money and conspired with them as a machine.

On September 16, 2017, the Defendants posted a false statement on the bulletin board that “game items are sold” by accessing the “Eel” game in Seo-gu, Seo-gu, Gwangju with a mobile phone, and read that “where money is deposited, the game items will be transferred” to the victim F who reported and contacted.

However, even if we receive money, there is no intention or ability to transfer a game item.

The Defendants conspired to induce the victim and received 45,000 won from the victim to the new bank account (G) in the name of the Defendant B, as well as by deceiving 7 victims in the same way, such as the entry in the list of crimes in the attached Table, and by deceiving 2,250,000 won in total seven times in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

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

1. (F), (I), verification of transfer of electronic financial transfers, (H), (J) verification of use of services, (K), inquiry of transaction details, (L) account transaction details, and (M) application of the law and regulations;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the crime (the imprisonment with prison labor for Defendant A and the fine for Defendant B)

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of fraud against K with the largest penalty);

1. Defendant B who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria (defendant A) (the recommended punishment);

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