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(영문) 춘천지방법원 강릉지원 2015.06.18 2015고단404
사기
Text

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

Reasons

Punishment of the crime

On August 5, 2014, at around 19:15, the Defendant: (a) confirmed the fact that the victim T was “to purchase a healthy scale” on the Internet Nene, and contacted the victim with “to send 180,000 won in cash to a door-to-door box,” and “to send 180,000 won in cash to a door-to-door box.”

However, as the Defendant did not have the above goods, the Defendant did not have the intent or ability to send the said goods to the victim even if the victim remitted the purchase price.

Nevertheless, the Defendant, by deceiving the victim as above, received 1,80,000 won from a new bank account (Account Number:V) in U on the same day from the victim and acquired it by deceiving the victim.

around 16:06 on August 18, 2014, the Defendant made a false statement that he would deliver goods if he transfers 20,000 won of sales proceeds of Bricks, etc. for the vehicle to the victim W in contact with the Internet NAVVER in the Internet, and then transfers 20,000 won of sales proceeds.

However, as the Defendant did not have the above goods, the victim did not have the intent or ability to send the said goods to the victim even if he remitted the purchase price.

Nevertheless, the Defendant, by deceiving the victim as above, received 20,000 won from the Korean bank account (Account Number: X) in the name of a limited liability company, which is the same day from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning T;

1. Application of Written Acts and subordinate statutes;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment specified in a crime of fraud against Telecommunication of a victim with heavier penalty);

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