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(영문) 서울남부지방법원 2017.05.17 2017고단1403
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 February 13, 2017, the Defendant, at the Defendant’s house located in Mapo-si C, has access to the Internet NAV and the country’s website, without having the intention or ability to sell the goods, sells opphone 7 on the bulletin board of the place.

The phrase “” posted the victim’s writing, and then received KRW 500,000 from the victim’s bank account (E) in the name of the Defendant from the victim D, as well as from the above day to March 19, 2017, the victim acquired KRW 7,570,000 in total from the victim’s 16 as shown in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, K, L, M, N, andO;

1. Investigation report (the victims of such crimes and their conversations);

1. Application of statutes on transfer data of each account and response data of the National Bank;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines (the type of punishment shall be determined on the basis of the sum of the amount of fraud, in the case of concurrent crimes of general fraud) / [the types] below 100 million won in the general fraud [the (type 1) mitigated element of punishment: In the case of reduction of punishment, or where significant damage has been restored [the territory of recommendation and the scope of the recommended punishment] mitigated area, one month in imprisonment or one year;

3. Grounds for a stay of execution (major reasons): positive cases in which significant damage is recovered (general reasons): Serious reflection or absence of criminal records for stay of execution.

4. While the Defendant who was sentenced to a summary order twice due to a crime similar to this case, the fact that the Defendant committed each of the crimes in this case, and that the nature of the crime is not negligible in light of the method and frequency of the crimes, is disadvantageous.

However, the defendant.

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