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(영문) 대구지방법원 2015.12.22 2015고단5143
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On January 19, 2015, at around 01:08, the Defendant posted a letter “crady item sales” by accessing the Internet item transaction website “B”, and said, the Defendant would transfer an item to the victim C who intended to purchase the item.

However, the defendant did not have an item, and even if he receives the price for the sale of the goods, he did not have an intention or ability to sell it.

The Defendant, by deceiving the victim, received KRW 318,50 from the victim’s new bank account (Account Number: E) in the name of D.

2. On February 24, 2015, around 10:40 on February 24, 2015, the Defendant, at the office of the Donsan Police Station Cyber Investigation Team, had a witness investigate from the slopeF with the suspicion of fraud as referred to in paragraph (1), and had a view to punishing him/her, with a view to stealing the Defendant’s pro-friendly G personal information, and committed as if he/she was G in the course of the investigation.

At around 11:17 of the same day, the Defendant prepared the protocol of reference testimony, and demanded the suspect to read the protocol of reference and sign it, and entered the signature “G” in the column of the person who made the statement of reference as G, and submitted it to the above slopeF who is unaware of the fact that the protocol of reference was duly formed, and made it bound that the above slope F, whose signature was forged, be bound to be bound to be bound to the investigation record.

Accordingly, for the purpose of exercising authority, the Defendant forged the above G name’s signature without authority, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G/D;

1. A written statement prepared in C;

1. Details of deposits;

1. Application of investigation reports (suspects) and investigation reports (suspects A), and Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 239(1) of the Criminal Act, and Article 239(2) of the Criminal Act concerning criminal facts.

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