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(영문) 서울남부지방법원 2018.11.30 2018고단5051
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On June 28, 2018, the Defendant posted an advertisement that connects the Seoul Guro-gu Seoul building and C’s house with a cell phone to sell a heavy high-class and high-class CPU, and reported it to the victim E who contacted with the Defendant “300,000 K CPU by July 5 to 6 of the week in which the remittance of KRW 300,000 is remitted.”

The phrase “States” was false.

However, in the absence of the pertinent CPU, the Defendant was planning to use the money received from the injured party for living expenses, Internet gambling, etc., and even if he did not have any particular property at the time, he did not intend to sell the CPU to the injured party or had no capacity to sell it to the injured party.

On June 28, 2018, the Defendant, by deceiving the victim, was transferred KRW 300,000 as sales proceeds to the bank account in the name of the Defendant F bank account under the name of the Defendant.

In addition, from around that time to July 13, 2018, the Defendant, as shown in the list of crimes in attached Form 47, received a total of KRW 15,342,00 from 47 victims to the account under the name of the Defendant for sales proceeds over 48 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement, each of the statements of G, H, I, K, K, M, M, N, P, Q, Q, R, T, U, V, W, X,Y, Z, AB, AC, AE, AE, AE, AF, AH, AH, AI, AJ, AJ, AJ, AK, AK, AM, AM, AmP, AP, Q, AS, ATS, ATS, AS, AV, AV, AX, AY, AY, and Z;

1. Confirmation of the details of each electronic financial transfer, each trade statement, and each text message;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The method, content, and frequency of each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes shall be taken into account, but the criminal records of the defendant, the use of the money obtained by deception, etc. shall be taken into account, and the age, sex, environment, family relationship, etc. of the defendant shall be taken into account.

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