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(영문) 울산지방법원 2020.05.15 2019고단5392
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On June 27, 2019, the Defendant made a false statement to the effect that “I will give money to the F account if I will send money to the F account” by accessing the Defendant’s residence of the building B in Ulsan-gu, Ulsan-gu, with a smartphone, and after accessing the Internet D Caf, the Defendant posted the victim E.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the goods.

As above, the Defendant, by deceiving the victim, received KRW 110,00 from the victim to the F account (G) in the name of the Defendant on the same day, and acquired money by deceiving the victim from around that time to October 7, 2019, totaling KRW 575,000 through five times, as shown in the attached crime list, as shown in the attached Table.

Summary of Evidence

1. Application of the laws and regulations of E, H, I, J, and K of the Defendant’s legal statement

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment stipulated in the crime of fraud against the victim H);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Special Convicted Persons) of the punishment amount below KRW 100,00 according to the sentencing guidelines (the range of recommending areas and the scope of recommending types), reduction areas, and one month to one year in imprisonment, in cases where damage is recovered;

3. A normal criminal defendant who was disadvantageous to the decision of sentencing had been sentenced four times of a fine due to the Internet fraud of the same law, and the fact that the criminal defendant committed each of the crimes of this case repeatedly within a short time is disadvantageous.

It is favorable to the defendant, such as the fact that there are many favorable damages, the fact that all victims have agreed to commit a crime, and the fact that the defendant is against the defendant.

Defendant. Other defendant.

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