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(영문) 울산지방법원 2016.07.14 2016고단419
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 November 18, 2015, the Defendant: (a) visited the Defendant’s residence in Ulsan-gu, Ulsan-gu; (b) visited the Internet opening site using smartphones; and (c) posted a notice to the effect that he sells Not North Korea on a bulletin board without intent or ability to sell Not North Korea; and (d) received 200,000 won from the Victim C contacted with the Defendant to the Daegu Bank Account (D) account in the name of the Defendant for the price.

The Defendant, from around that time to December 11, 2015, received a total of KRW 2,300,000 through the same seven times on the Internet website, such as the list of crimes in the attached Table, from around that time to around December 1, 2015.

"2016 Highest 1427"

1. On March 4, 2016, around March 4, 2016, the Defendant: (a) connected the Internet and a foreign site using a mobile phone from the Fudio 303, the Defendant, the Defendant’s residence in Ulsan-gu, Ulsan-gu, to a mobile phone; (b) posted a notice to the effect that the Defendant sells gallon 5 mobile phones on a bulletin board without intent or ability to sell goods; and (c) received KRW 450,00 from the victim G who contacted with the Defendant, to a national bank account (I) in the name of H for the payment.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

2. Around March 7, 2016, the Defendant: (a) accessed the Internet opening site in the same manner in the same manner at the said place; (b) posted a notice on the bulletin board that, although there is no intent or capacity to sell goods, sells gallon 5 mobile phones; and (c) received KRW 400,000 from the victim J who contacted with the Defendant, under the name of the Defendant, a transfer of KRW 40,00 from the victim J who visited him.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/H;

1. Each statement and written statement;

1. The remittance statement, the certificate of transfer transaction, the certificate of confirmation, the certificate of deposit confirmation, the sign-up closure, and photographs;

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