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(영문) 서울서부지방법원 2017.12.20 2017고단3318
사기
Text

A defendant shall be punished by imprisonment for six months.

The applicant's application for compensation shall be dismissed.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 24, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Western District Court on August 24, 2016, and the judgment becomes final and conclusive on July 2, 2016, and is still under the suspended sentence.

【Criminal facts】 On August 26, 2017, the Defendant has access to the Internet “SeG monitors” online at his office located in Young-gu, Young-gu, 1902, Suwon-si E and 1902, and sold the LG monitors.

“To sell the above LG monitors to the victim F who reported and contacted the above notices after inserting an article to the effect that “......”

A false statement was made.

However, in fact, the defendant did not have any intention and ability to sell the LG monitors to the above victim because he did not receive money from the above victim and did not have any LG monitors.

Ultimately, the Defendant received KRW 980,00,00 from the above victim to the account (Account Number: G) of the Defendant’s name as the sales proceeds on the same day and received KRW 7,662,00 in total from the victims on 16 occasions as the sales proceeds as stated in the attached crime list between September 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of F, H, I, J, K, K, L, C, M, N,O, P, Q, D, R, S, and T;

1. Certificates of deposit, the details of each Kakao Stockholm conversation, inquiries about the results of each transfer, the specifications of transactions by account, inquiries about the details of transactions, and written confirmation on the use of services;

1. Previous convictions: Inquiry into criminal history, application of investigation reports (verification of facts under probation period and filing of copies of relevant written judgments);

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence 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 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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