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(영문) 대전지방법원 천안지원 2016.03.10 2016고단31
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 29, 2015, the Defendant posted a false statement on the following: (a) around 303, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, C Building 303; and (b) linked to the Internet opening via a mobile phone, thereby selling the said goods to the victim D who contacted with the Defendant.

However, there was no intention or ability to sell the article because the article was not in possession.

The Defendant received 100,000 won from the damaged party’s account in the name of the Defendant.

From that time until December 26, 2015, the Defendant, as described in the list of crimes in the attached Form, was released from 34 victims by deception and received KRW 7,875,000, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to F and G;

1. Each of the statements of D, H, I, J, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AAB, AC, AE, AE, AF, AH, AH, AI, AJ, AK, and AL, respectively;

1. Each statute applicable to each transaction statement, each Kakao Stockholm message message, each inquiry of transaction details, each transfer confirmation, each statement of transaction confirmation, each statement of entry and exit transaction, check of transaction details, each check of transaction details, each check of transaction details, each check of transaction details, each check of transaction details, each check of transaction details, each check of transaction details, each check of transaction details, the results of the transfer process, the statement of transaction details, the suspect's name, and the Nong bank account transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 15 years;

2. The scope of the recommended punishment based on the sentencing guidelines [the type of determination], the type 1 (less than 100 million won) among the general fraud [the person subject to special sentencing], or the case where the person committed an offense against many unspecified victims (aggravated factor).

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