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(영문) 서울중앙지방법원 2018.12.19 2018고단6426
사기
Text

A defendant shall be punished by imprisonment for one year.

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 is a person who has no fixed occupation.

On May 18, 2018, the Defendant sent a letter to the Internet site “Neber Doard” by accessing the Internet site at the PC room located in the Jung-gu Seoul, Jung-gu, Seoul, and selling the Pot Doard. The Defendant reported it to the victim C who visited the victim C by sending the price.

“False speech was made to the effect that it was “.”

However, in fact, the defendant was thought to use the goods as living expenses even if he received the price from the injured party, and did not have the control at the time, and there was no intention or ability to sell the mination to the injured party.

As such, the Defendant, by deceiving the victim as such, was transferred KRW 145,00 to the Nonghyup Bank account in the name of the Defendant’s name as sales proceeds, from around May 18, 2018, by deceiving the victim and deceiving the victim.

In addition, from April 7, 2018 to May 23, 2018, the Defendant obtained a total of KRW 11,986,000 from 33 victims to receive a total of KRW 58 times as the price for goods in accordance with the attached list of crimes, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. The respective texts of C, E, F, G, H, I, J, and K, each of them, C, L, E, F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes to the confirmation of remittance results, each remittance confirmation certificate, each statement of deposit and withdrawal transactions, detailed statement of passbook transactions, deposit receipts, receipt of transfer confirmation, each item of Kakao Stockholm conversation, investigation report (victimN telephone communications), investigation report (victimN telephone communications), accusation report (victimO telephone communications), deposit confirmation certificate, investigative report (Submission of personal data), deposit transaction record certificate, deposit transaction record certificate, and detailed statement of deposit transaction;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

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