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(영문) 서울동부지방법원 2016.07.21 2016고단1327
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to one year of imprisonment for fraud, two years of suspended execution, and protection observation, and one hundred and twenty hours of community service order at the Seoul Eastern District Court on May 19, 201, and the above judgment became final and conclusive on May 27, 2016.

On June 26, 2012, the Defendant posted a false statement on the Internet NAVV and a foreign car page in the Daegu-si Office, Seogu, Seo-gu, Seoul-gu, stating that “The Defendant would send KRW 730,000 to the victim C who reported and contacted the above posted to transfer KRW 730,000 if he/she wired the said goods to the home page.”

However, the defendant did not have any intention or ability to sell goods or send goods to his home, even if he receives the payment from the injured person because he did not possess the above contents.

The defendant deceivings the victim as above, and acquired 730,000 won from the national bank account (Account Number: D) in the name of the defendant on the same day from the victim, and took 2,40,000 won in total from that time to July 13, 2012 from that time by deceiving the victims about five times in total, as described in the separate crime list, and then received 2,240,000 won in total from the victims as various kinds of goods.

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 petition of C, E, F, G, and H;

1. A written statement of C, E, F, G, and H;

1. Notice of sale, a certificate of deposit without passbook, a photograph of text messages, a certificate of transfer confirmation, a statement of transfer, a confirmation of transfer results, a statement of account transaction, and an application for a new transaction by a bank;

1. Each photograph and CCTV data;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (a copy of indictment);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 70(1) of the Criminal Act to attract a workhouse.

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