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(영문) 의정부지방법원 고양지원 2016.01.28 2015고단3600
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On September 24, 2015, at a place where a location is unknown, the Defendant reported and contacted the victim E who sold smartphones posted by the Defendant in the name of “D” on a smartphone site (www. unitjang.co. kr) using a smartphone, without having a smartphone, would deliver the smartphone value first on deposit.

“A false representation was made.”

The Defendant received 235,000 won from the injured party to the bank account in the name of the Defendant on the same day.

In addition, the Defendant, from September 24, 2015 to December 7, 2015, received KRW 8,272,00,00, by deceiving victims on a total of 57 occasions in the same manner as the written list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G, H, I, J, K, L, M, N, P, Q, R, T, U, V, E, W, X, Y, Z, AB, AC, AC, and AD;

1. Each e-mail statement of AE, AF, AH, C, AH, AJ, AJ, AK, AL, AM, AP, Q, AR, AS, AS, ATS, AU, AV, AX, AY, AY, BA, BB, BC, BE, BF, and BG;

1. A petition of BH;

1. Each investigation report (with respect to response to data onCCTV and identification of suspects, voluntary submission of the details of transactions with the accused agricultural cooperatives, and Korean banks (including the detailed statement of transactions attached thereto), further victim 26, and partial revision of the amount damaged by crime inundations);

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A summary of transactions with the account recipient;

1. Each search and seizure inspection warrant and reply, each opening reply, each communication data reply, reply materials requested for cooperation in investigation, and health response;

1. Account details, transaction statement, each transaction statement, each account statement, each account payment statement, each account payment certificate, deposited transaction statement, bank transaction statement, transaction details, passbook copy, copy of passbook, and each transfer statement;

1. Each supporting document, statement of transaction details and evidentiary data, results of transfer processing, evidential data, each recording of the conversation contents closure data, each deposit details and evidentiary data, each deposit receipt and evidentiary data, and each evidentiary material, respectively.

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