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(영문) 대구지방법원 포항지원 2014.05.28 2013고단540
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Daegu District Court Port Branch of the Daegu District Court on November 8, 2012, and completed the enforcement of the said sentence on February 19, 2013.

On April 28, 2013, the Defendant had access to the Internet using a computer in the Jung-gu Daejeon District Office, Daejeon, Daejeon, by a computer, and sold the dlim contact book on the Niberian bulletin board. ‘The Defendant posted the Defendant’s contact address along with the writing, and made a false statement to the victim D who reported and contacted the above notice, “on the transfer of KRW 40,00,000,000,000,000 won is sent to the dlim contact book.”

However, in fact, the defendant did not have a contact pocket book at the time and had the intention to use it for living expenses by receiving money from the victim from the beginning, and even if he received money from the victim, he did not have the intention or ability to send the contact pocket book to the victim.

Nevertheless, the defendant received 40,000 won from the victim as the price for purchasing contact diskettes on the same day from the victim, and from that time the same year

5. Between August, 200, the victims received total of KRW 2,084,00 from the victims in total eight times as the purchase price for contact diskettes as described in the attached Form List of Crimes.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police statement of the E, F, and G;

1. Each statement of D, H, I, J, and K;

1. Receipt of remittance or receipt of deposits without passbook;

1. Data for the closure of each letter and for the closure of tamps and the closures of tamps and the closures of sales letters;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment].

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