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(영문) 대구지방법원 포항지원 2018.02.22 2018고단50
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant posted a notice stating that he/she would use a mobile phone in E 106, the Defendant’s residence located in the north-gu, Ma, and sell “Sck tower” by accessing the foreign website, and then remitted KRW 670,000 to the victim F who reported and contacted this article.

However, the defendant did not have intention or ability to sell the ice tower to the victim.

The Defendant: (a) deceiving the victim as above; (b) immediately received KRW 670,00 from the injured party to the NongHyup Bank account (H) in the name of the goods price; (c) and (d) received KRW 28,851,000 from 42 victims as indicated in the attached crime list from around that time to October 17 of the same year; and (d) received delivery of KRW 28,851,00 from the injured party as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or I;

1. Each police statement concerning J, K, L, and M;

1. Each written statement of F, N,O, P, Q, R, S, TPP, V, X, Y, Z, AAB, AC, AD, AE, AF, AH, AI, AJ, AK, AM, N, AP, AP, AP, Q, AS, AS, ATS, ATS, AU, AV, AW, AY, AY, Z and BA;

1. Each statement of transactions, a statement of deposit and withdrawal, a statement of account transfer, each statement of account transfer, a written confirmation of each service use, each written confirmation of confirmation of transfer results, inquiry of transfer results, statement of transaction results, details of transaction, transaction statement, entry and withdrawal, check of transaction results, check of transfer confirmation, transfer confirmation, each certificate of deposit transaction, each certificate of deposit transaction, a certificate of deposit confirmation, a certificate of deposit confirmation, a statement of account statement, a statement of account statement, a written inquiry of transaction details, each electronic financial transfer result, a written confirmation of each electronic financial transfer result, a check of deposit confirmation, a certificate of deposit transaction results, a certificate of deposit transaction results, a statement of deposit transaction by himself/herself, each statement of deposit transaction, a certificate of confirmation of transaction details, and the application of Acts and subordinate statutes on the statement of automatically

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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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