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(영문) 광주지방법원 2020.01.15 2019고단4757
사기
Text

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

Reasons

Punishment of the crime

On September 6, 2018, the Defendant, without the intent or ability to send things to the victim’s account, even if receiving money from the victim, did not enter into the Internet PP carbook, and reported the victim’s DoG to the effect that “a man purchases a musical performance ticket” posted on the said carbook, and then contacted the victim to the effect that “350,000 won is deposited to deliver the above 350,000 won,” and then he received 350,000 won from the victim’s account in the name of the Defendant from March 10, 2019, and thereby, by deceiving the victim by the above method 79 times in total as indicated in the attached crime list from the victim to March 10, 2019.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police concerning DG;

1. Details of text messages;

1. Application of Acts and subordinate statutes on the details of transactions in each account (number 5,8,10) and the details of money transfer;

1. Relevant legal provisions on criminal facts and the reasons for sentencing under Article 347(1) of the Criminal Act - favorable circumstances: The Defendant recognized his/her mistake: The Defendant did not agree with the victim; the Defendant was sentenced to eight months of imprisonment for fraud and two years of suspended execution on April 2018; and the Defendant committed the instant crime during the suspended execution period.

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