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(영문) 수원지방법원 여주지원 2015.07.10 2015고단405
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for fraud and for the same year.

8. 14. The execution of the above punishment was terminated, and on April 7, 2015, the court was sentenced to imprisonment with prison labor for a violation of the Military Service Act in the same year.

4. 15. The judgment became final and conclusive.

On December 22, 2014, the Defendant: (a) visited NAV (www.naver.com) a website selling online goods using a computer at the PC bank located in the prime city, and (b) contacted the victim with “I want to purchase the said goods” and sold the said goods to the victim; (c) received KRW 170,000 from the victim who believed that he/she was true to sell the said goods; and (d) received KRW 175,000 from the victim’s account in the name of the Defendant agricultural bank on the same day from January 21, 2015 to January 21, 2015, the Defendant received KRW 1,755,000 from the victims by deceiving the victims by the said method 18 times in total as shown in the list of crimes committed.

Accordingly, the Defendant acquired a total of KRW 1,755,00 from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. C, D, G, H, I, J, K, E, L, M, F, N, P, Q, R, S, and T’s respective appeals and statements;

1. Each certificate of transfer, the detailed statement of transfer, the receipt of transfer, the data on the details of the transfer of damage, and the photograph of transfer;

1. Details of the Kakakao Stockholm dialogue and the contents of a photographed document, message, and conversation;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports, such as attachment of attached military records), and application of Acts and subordinate statutes concerning personal identification and confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes (based on the criminal records of fraud);

1. The latter part of Article 37 of the Criminal Act and the main sentence of Article 39 (1) of the Criminal Act;

1. The defendant, among concurrent crimes, has reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, is an unspecified or multiple victim at the Internet space.

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