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(영문) 대구지방법원 포항지원 2021.02.03 2020고단1584
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 October 7, 2020, the Defendant posted a letter in the “C” located in the Northern-gu B of the Gyeongbuk-gu, Gyeongbuk-gu, 2020, stating that he sells earphones on the Internet portal site D Ekbook, and reported this fact to the victim F who visited the victim F.

“False speech was made to the effect that it was “.”

However, the defendant is selling.

Until now, there was no intention or ability to send the goods even if the victims sent the price to the victims because they concealed the personal information of the Defendant through the G name account and thought to use them as living expenses or entertainment expenses, etc. by receiving money from the victims.

The Defendant, by deceiving the victim as such, received KRW 120,00 from the victim F to the G account as the price for goods, and received KRW 770,000 from three victims over three times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Each statement of F, H and I;

1. Details of transfer, text messages, and sales closures, financial data on account calls, certificates of transfer confirmation, and data on the closure of each text message, and details of transactions;

1. (A), a report on investigation (related to confirmation of separate cases), a copy of a bill of indictment, and the application of the relevant list of cases as a result of inquiry into criminal career data;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the type of fraud] of the general fraud [the type 1] below KRW 100 million [the person subject to special sentencing]: Where an unspecified victim commits a crime, the method of crime is very high.

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