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(영문) 수원지방법원 2015.10.28 2015고단4388
사기
Text

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

Reasons

Punishment of the crime

On March 21, 2015, the Defendant: (a) posted a notice to the effect that “gallon 3 mobile phones are sold” by accessing NAValian website without intent or ability to sell goods at the AB SP bank located in Australia; (b) received KRW 230,00 from the victim AC who reported and contacted the transfer of KRW 230,00 from the victim AC to the new bank account (AD) in the name of the Defendant’s living together; and (c) from that time, received KRW 1,359,000 in total six times from the day on which the crime was entered below until the 24th day of the same month.

In order to sell a gallony account (AD) account (AD) of AC H in 230,000 won on March 21, 2015 on the transaction site of the crime committed on the day of the crime, the total amount of damage is KRW 250,000 on March 23, 2015 on the AF Account (AF) Dong 3203, March 24, 2015 on the 24, March 24, 2015, the sum of KRW 250,000 on March 24, 2015 on the AG Account (AF), and KRW 30,000 on March 24, 2015 on the AG 40,000 on March 24, 2015 on the AH (AD), the aggregate of KRW 5,000 on March 24, 2015 on the AAF account.

1. Defendant's legal statement;

1. Each statement of AC, AE, AG, AH, AJ, and AI;

1. Application of Acts and subordinate statutes governing the details of financial transactions, personal financial transactions, certificates of confirmation of the results of electronic financial transfer, details of transactions, and the conclusion of these Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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