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(영문) 서울동부지방법원 2017.10.19 2017고단2853
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2017, the Defendant posted a letter stating that “the sale of a siren stypization” on the website of the Republic of Korea and the mobile phone circuit app, at the Defendant’s residence located in Eunpyeong-gu Seoul, Seoul. On May 12, 2017, the Defendant reported this around May 13, 2017 to the victim D who contacted with the Defendant, saying, “on the way of remitting money, the Defendant will deliver the goods at his/her home.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to sell the sports.

Nevertheless, the Defendant received 354,000 won from the above victim to the Saemaul Treasury account (Account Number:F) in the name of E.

In addition, the Defendant, as indicated in the list of crimes in the attached Form, was informed of the victims at least eight times from May 13, 2017 to August 8, 2017 and received a total of KRW 1,820,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, G, H, I, J, K, L and E;

1. Each report on internal investigation:

1. Detailed statement of each account, written confirmation of transaction details, inquiry of transaction details, transaction details, etc., personal financial transactions, personal financial transactions, etc., inquiry of the results of transfer of the bank, verification, and account transfer details;

1. Details of each text message output, etc., each text message output, and Kakao conversation;

1. Application of the Acts and subordinate statutes on CCTV screen;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General Fraud (10 million won or less) [1 month or year from January to 1] mitigation area (a special mitigation person], or where considerable damage was restored [the sentence] circumstances unfavorable to the victim: there are not a large number of victims, and there are favorable circumstances such as the fact that the crime is not good in light of the method of the crime of this case: The amount obtained by deception through the crime of this case is not large, and there is an agreement with some victims.

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