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(영문) 인천지방법원 2018.11.16 2017고단7581
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 70,000 won to the applicant B for the compensation.

Reasons

Punishment of the crime

Around August 5, 2017, the Defendant: (a) posted a false letter to obtain money from the victims without intent or ability to provide goods; and (b) posted a false statement to the E CompanyF car page that “to sell solar PCs”; and (c) received KRW 85,000 from the victim G to the H Treasury account in the name of the Defendant; and (d) received KRW 643,000 from the victims 10 times in total, as shown in the attached list of crimes, from around that time to September 4, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition, statement, and transfer statement of D, B, J, K, C, L, M, N, G, andO;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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 25 (1), 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the fraudulent money is deemed to have been repaid with respect to the applicant C and D);

Reasons for sentencing

1. Where a person commits an offense against an unspecified, or many victims, in the aggravated area (one year to two years) (one year to six months) of Class 1 (less than 100 million won) of the general fraud, the scope of the recommended punishment according to the sentencing guidelines;

2. The Defendant appears to have led to the confession of all crimes and reflect his mistake.

The amount of damage (total of KRW 277,000) has been paid to four victims.

There are two children who have to support the defendant.

However, the defendant committed the crime of this case over 10 times against many unspecified victims, and the amount of damage is also limited.

excluding four persons.

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