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(영문) 서울중앙지방법원 2018.02.01 2017고단8646
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 5, 2008, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on December 5, 2008 and completed the execution of the sentence on June 16, 2009.

On March 17, 2011, the Defendant called the victim Z, who is an employee of the “Y household store” located X in the Republic of Korea, in the Philippines around March 17, 201, to import the household.

The amount of 17,500 dollars, including air transport charges, was remitted from the injured party. It stated to the effect that the amount of 1,900$1,90 ($2,157,450 in the Republic of Korea) is to be deposited through the waton Swetonnion on March 21, 2011, and received 1,90$2,157,450 ($ 2,157,450 in the Republic of Korea) from the injured party, and was remitted again to the victim's name on March 22, 2011.

However, in fact, the receipt related to the purchase of the household presented by the defendant to the victim was false, and the defendant did not have any intention to purchase the household.

The defendant deceivings the victim as above and stated in the facts charged of KRW 4,314,90 in total from the victim amount to KRW 4,514,90,00, but it is evident that it is a clerical error or error. Thus, it is immediately recognized ex officio.

was issued by the Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each protocol concerning the suspect examination of the police against the accused;

1. Statement of the police concerning the Z;

1. Details of investigation reports and transactions;

1. Previous convictions: The results of inquiry about criminal history and the application of each statute of the judgment;

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 punishment;

1. Determination as to the defendant's assertion of Article 35 of the Criminal Act for aggravated repeated crimes

1. The defendant alleged that he was unable to use his account by AB that he came to know at the time of his rest in the Philippines, and he transferred the account number after informing the defendant of his account number.

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