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(영문) 전주지방법원 군산지원 2018.05.11 2018고단168
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant was in need of living expenses while leaving home, he would sell a heavy cell phone, contact pocket, etc. to the victims even though he did not have a heavy cell phone, contact pocket, etc.

The purpose of this article is to acquire money by fraud.

On October 8, 2017, the Defendant posted a false statement to the effect that “I sell 6S opphones after accessing the Internet site’s Internet site site,” and that “I wish to send a cell phone on the face of 270,000 won to the victim C who has contacted the Internet site.”

However, the defendant did not have the above mobile phone so that he did not have the intention or ability to sell the mobile phone normally to the victim.

Nevertheless, the Defendant, as seen above, received 270,000 won from the victim’s account in the name of the Defendant’s company bank account (D) on the same day from the victim, and received 270,000 won in the name of the mobile phone purchase price. From around that time to December 28, 2017, the Defendant transferred 5,210,000 won in total from the victims over 30 times, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of C, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AB, AC, AD, B, AE, and AF;

1. Application of Acts and subordinate statutes to the details of each transaction, inquiry about the results of transfer, confirmation of entry and withdrawal, confirmation of the results of electronic financial transfer, confirmation of the use of services, details of deposit and withdrawal, data on deposit payment, confirmation of transfer results, confirmation of transfer details, confirmation of transfer details, transfer details, verification of transfer details, receipt, notification of deposit status, data on financial transaction status, receipts, cash transaction information, provision of financial transaction information, and data on remittance details;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts (the choice of imprisonment, and this case is an unspecified number of defendants over 30 times.

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