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(영문) 대구지방법원 포항지원 2017.08.17 2017고단683
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 16, 2017, the Defendant posted a false statement in D, located in Busan Shipping Daegu C, stating that he/she will sell a content game machine that is not in the Internet site among the Internet site NAVs, and that he/she will transfer KRW 200,000,000 to the victim E who reported and contacted the above writing.

However, the defendant did not have the intent or ability to sell the game machine to the victim.

Nevertheless, the Defendant, as seen above, received KRW 200,000 from 19 victims as stated in the list of crimes from around that time to May 9, 2017, by deceiving the victims, and then received KRW 1,989,000 from 19 victims as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, H, I, J, K, L, M, N, P, E, Q, Q, S, T, U,V, W, and X;

1. Police seizure records;

1. Certificates of the results of deposit transactions, certificates of transfer, details of deposit and withdrawal transactions, certificates of the confirmation of remittance, certificates of confirmation of transactions by Internet banking, receipts, certificates of transfer verification, certificates of account transfer, inquiries about the details of transactions, inquiries about the results of transfer, statements of account transactions, and certificates of results of transfer;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommendation] No person who does not have a basic area (from June to one year and six months) (the person subject to special sentencing) [the sentence] [the decision of sentence] that the defendant led to the confession of all the facts charged in this case and divided his errors, the damage recovery to some victims, the defendant did not have any specific criminal record in addition to the fine, the degree of damage to the victims, and the defendant's age, environment, sex, and others.

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