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(영문) 대구지방법원 2013.12.05 2013고단3622
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 4, 2013, the Defendant posted a letter of “sale of new world merchandise coupons at KRW 1.30,000,000” on the Internet website C’s bulletin board at the PC room located in the Daegu Dong-gu Dong-dong, Daegu-gu, and falsely concluded that the Defendant sold the said new world merchandise coupon to the victim D who had contacted with it.

However, even if the defendant receives money, he did not have the intention or ability to sell the merchandise coupon.

The defendant received KRW 120,00 from the victim as the price.

In addition, the Defendant received a total of KRW 6,237,500 from December 26, 2012 to March 25, 2013, as indicated in the separate crime list, from around December 26, 2012, by the said 61-time method.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, and J;

1. Each written statement of D, K, L, M, N,O, P, Q, R, S, T, U,V, W, and X;

1. Details of remittance (AF) and statement of remittance transactions, etc., advertisement screen, advertisement screen, details of remittances to A, details of remittances, details of deposits to A, details of remittances, details of remittances, details of transfers to A, and receipt of transfers;

1. Each internal investigation report (in addition to data on victim reporting, verification of the entry into the Daegu bank account, investigation of the details of telephone conversations A);

1. Y materials;

1. Details of replies (the details of accounts, etc.);

1. Investigation report (to make an e-mail statement and to attach screen pictures for making a report);

1. Application of the Acts and subordinate statutes on the Z, AA, AB, V, K, GIST, G, AD, AE, AF, and AG aggregate screen pictures;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was for sentencing, the Defendant was subject to a protective disposition for special larceny in 2004, and there was no record of punishment other than the records of a fine imposed by drinking driving in 2012, but the Defendant committed a crime against the victims of 60 persons via the Internet for three months, and acquired money of 62 million won.

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