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(영문) 청주지방법원 충주지원 2018.09.14 2018고단219
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On December 2, 2017, the Defendant access to “D”, which is a trading site for secondhand goods via the Internet, to the Seocho-si apartment B, the Seocho-si, the Seocho-si, and the Defendant pop-up-up-up-up-up-up-up-up-up-up-up-up-up 128GB.

After publishing the phrase “,” it made a false statement on March 3, 2018 to send money to the victim E (15 taxes) who reported and contacted the letter to the victim E (15 taxes).

However, the defendant did not have the above mobile phone and even if he received goods from the injured party, sent the above mobile phone to the victim.

there was no intention or ability to act.

Nevertheless, on March 3, 2018, the Defendant, by deceiving the victim, was transferred KRW 3,90,00 from the victim’s account under the name of the Defendant (F).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A detailed statement of deposit transactions;

1. Details of text messages dialogue;

1. -Application of Acts and subordinate statutes on closure photographs, such as letters posted D;

1. The relevant statutory provisions of the Criminal Act and the applicable statutory provisions of Article 347(1) of the Criminal Act regarding criminal facts and the method of repeatedly committing transactions of goods, which are similar to the grounds for sentencing, are used. The suspension of the execution of imprisonment and fines, etc. are being subject to criminal punishment more than ten times but the same criminal acts are continuing to be committed. In addition, considering such circumstances, a sentence of imprisonment shall be imposed in consideration of the amount of damage, method of crime, criminal records, Defendant’s age and other conditions of sentencing.

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