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(영문) 제주지방법원 2015.09.03 2015고단706
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 5, 2015, the Defendant: (a) connected to the Internet NAV Rober Kafin (hereinafter “NL”) car page at Jeju Island; (b) posted a notice of the sales advertisement of the item; and (c) sent money to the victim S who has contacted with the said notice in a genuine belief, the Defendant made a false statement that he/she would send the gallon lufin 3 mobile phone when he/she wired money to the victim S who has contacted with the said notice.

However, even if the defendant receives money from the victim, he did not have the intention or ability to send a mobile phone.

As above, the Defendant, by deceiving the victim as above, received KRW 30,000 from the victim’s personal compromise account (T) in the name of the Defendant on the same day. From around that time to March 25, 2015, the Defendant received delivery of KRW 574,000 in total from five times in the following manner: (a) from around that time to around March 25, 2015:

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of S, U, V, W, and X;

1. Investigation report and investigation report (victim W telephone communications);

1. A certificate of deposit, each sales notice closure data, the closure data of the Kakakaogle dialogue, each file data on the contents of each Kakakakakaok dialogue, data on response, such as transfer processing results, documents on account transaction records, etc., deposit certificates, deposit certificates, personal financial transaction records, certificates of deposit transaction records, reply documents, such as account transaction records, etc., U mer-day data, personal account reception data, race-type data, personal account reception data, closure data on the 24th page of the medium-phone 24th page, closure data on the homepage of the Kakakao Center, closure data on the results of inquiry into the Kakaogle homepage, closure data on the Kakaogle website, and

1. The application of S3 photographic Acts and subordinate statutes to gallons possessed by a suspect A;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Determination of types: The amount of profit, as a concurrent crime between general fraud crimes, which amounts to not more than KRW 100 million: The amount of profit;

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