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(영문) 서울동부지방법원 2017.08.23 2017고단2123
사기
Text

1. The defendant shall be punished by imprisonment for two years;

2. 3,200,000 won to the applicant C, and 480,000 won to the applicant D;

Reasons

Punishment of the crime

[Criminal Records] The Defendant was released on October 12, 2012 from the Seoul Central District Court on January 29, 2014 by imprisonment with prison labor for attempted robbery and for bodily injury, and on January 29, 2014, for the same year.

3. A person for whom the parole period has elapsed on October 7, 2016, the Defendant posted a false statement to the effect that he/she had access to the “L” on the NAV bulletin board of the Republic of Korea, and sold KRW 25 million in the department store gift certificates,” and that he/she would sell the gift certificates at the discounted price to the victim M who reported and contacted the statement.

However, in fact, the defendant did not have the intention or ability to send the above merchandise coupon to the victim because he thought that he would pay the defendant's personal credit card price in return for the purchase of merchandise coupons from the victim.

As such, the Defendant, from November 4, 2016 to January 24, 2017, received a total of KRW 20,060,000 on 13 occasions from the victim’s national bank account (N) to the Defendant’s name from November 4, 2016 to January 24, 2017, and received delivery of KRW 149,296,50 from the victim from April 30, 2017, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (additional crimes, attaching a detailed statement of transfer to theO, and submitting a written statement on P);

1. Each petition, accusation, closure, screen, investigation report, transfer confirmation, transaction document, transaction details, (J, Q, R, R, G, S, T, us, U, V, D,W, G, X-Y, AA, AB,K, K, AD, AD, AE, AE, AF, AF, AH, AF, AH, AH, AI, M, F, AJ, AK, AL, P, P, P, P,O,O, OO, AP, AP, Q, ASS (AT), AU, AV, AV, AW, AE, Az, Az, Az, B, B, B, B, B, B, B, B, B, B, B, B, orK);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

1. Article 35 of the Criminal Act for an aggravated repeated crime (each of the frauds against the victim M, No. 29 times a year of crime committed in the judgment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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