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(영문) 서울남부지방법원 2014.08.28 2014고단2779
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant had attempted to sell products of carpet ingredients, which are psychotropic drugs, as if they were the name of the product containing psychotropic drugs, the name of the product containing carpets, and the name of the product containing Megapets, and to procure the price by fraud.

On March 17, 2014, the Defendant posted a letter stating that he sells “Ilger” and “Ilk” on the Internet website “Nlkna,” in the Internet site at the Defendant’s residence, Yangcheon-gu Seoul Metropolitan Government C Apartment 501, 1207, and said that “I will send 30,000 won to the victim D who reported and contacted the Defendant’s writing.”

However, the Defendant did not possess the “dition” and “dition”, which are narcotics, and even if receiving the price from the victim, there was no intention or ability to sell it.

As such, the Defendant, by deceiving the victim, received KRW 300,000 from the victim to the post office account under the name of the Defendant on the same day, and received KRW 5,00,00 from the victim to July 4, 2014 by the same method, to 24 times between around March 8, 2014 and around July 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, and G;

1. Police seizure records, list of seized articles and photographs thereof;

1. Information and a written request for appraisal related to the analysis of mobile phone digital evidence;

1. The output of the NAV carbook, the certificate of transfer of Internet banking, the certificate of door-to-door inquiry, the photographs delivered, the contents of the Kakao Stockholm dialogue after delivery, and the details of the post office account account;

1. Application of each investigation report (the details of accompanying the details of transactions in the account of the National Bank in the name of H, the background of attaching the relevant information, and the details of attaching the relevant information);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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. Confiscation of the Criminal Act;

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