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(영문) 인천지방법원 부천지원 2015.12.11 2015고단2471
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 9, 2014, the Defendant posted a notice to the effect that “F” established by the Defendant by accessing the Defendant’s home located in Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S.A., to act for the purchase of the F, thereby making use of a computer, and that “In this case, the Defendant may act as an agent for the purchase of the F, etc. in Paris at present, but it would act as an agent for the purchase of the F, etc. of the F, who wants to transfer money in advance.”

However, the defendant is not in Paris at the time. The defendant did not purchase goods from other persons prior to that time, so he could not return the goods with the money received from the victim in order to complete the purchase, and the remainder was thought to be used for personal living expenses, so there was no intention or ability to purchase it.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 3,600,00 from the victim under the pretext of the household price for the stolen goods, and received KRW 25,010,000 in total eight times from around that time to April 22, 2015 in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The respective statements of B, G, D and H, and I’s authenticity;

1. Investigation reports (Attachment to the details of orders administered by the suspect covering the suspect), investigation reports (report on the statement of the victim);

1. Details of transactions, a statement of transfer, and a written confirmation;

1. Application of Acts and subordinate statutes to suspect and contents of hosting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Articles 25 (1) and 31 (1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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