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(영문) 청주지방법원 충주지원 2017.02.17 2017고단31
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2016, the Defendant: (a) from around the Internet from around September 2016, published a false letter stating that he sells mobile phone or pet-related goods, etc.; and (b) received money from the victims for money as the price for goods, and received money from the victims.

Accordingly, around September 19, 2016, the Defendant posted the Defendant’s text and the product photograph by linking the Defendant’s cell phone to the “DPC” online site “h-market” by using the Defendant’s cell phone from around 19, 2016.

However, the defendant did not have the intention or ability to sell because he did not have a 6-phones, even though he copied and posted the photo on the Internet.

Nevertheless, the Defendant reported the above false sales writing, and received 2,861,500 won in total from 26 victims to 21 December 201, 2016 through the same method, such as the list of crimes in the attached Form, from the victim E, to the company bank account (F) account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. G, E, H, I, J, K, L, M, N;

O. Each statement in the preparation of P, Q, R, S, T, U, V, W, X, Y, Z and AA;

1. Each petition filed for AB, AC, and AD;

1. Each party's financial transaction, account transfer details, each receipt, each detailed statement of account transfer, each statement of account request, each check of account transfer results, each check of financial transaction status, each notice of data on financial transaction status, each transfer verification, check of transaction details, account transaction details, account deposit details, the results of the transfer processing, the details of transaction by the period of receipt, the results of the transfer processing, and the inquiry of transaction tax;

1. A written confirmation of the use of each service;

1. Photographss, the contents of conversations, the details of conversations, the details of Kakao Stockholm dialogues, and the Kakao Stockholm reply data after a course of each conversation;

1. Each writing on false sales;

1. Investigation Report (Perusal of CCTV data from suspect A’s bank account) 1.

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