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(영문) 서울북부지방법원 2017.01.13 2016고단4986
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant, ① the applicant C, shall be 45,000 won and this shall be applied.

Reasons

Punishment of the crime

[Case of Criminal Records] The Seoul Northern District Court Decision on October 28, 2015: Imprisonment with prison labor for one year: the termination of the execution of the sentence of the Sungdong Detention House on August 22, 2016 / [criminal facts] The defendant is not willing or ability to sell the goods even if he/she is ordered through the Internet's website. However, on August 28, 2016, he/she posted a notice to the victim E who visited the victim E by reporting that he/she sells the goods for 98,000 won by selling them at the Internet NAVVV on August 28, 2016 and on the Korean bulletin board.

“A false statement,” which received KRW 98,00 from the victim’s account (Account Number:F) in the name of the Defendant’s bank account.

In addition, the Defendant received a total of KRW 7,357,00 from 93 victims over 93 occasions, as described in the list of offenses, in the same manner between August 26, 2016 and November 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. A person whose sentencing under Article 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Action is less than 100 million won that is the base for the reduction of the classification of types of punishment: A person whose sentencing is less than 100 million won that is the basic for the reduction of the classification of types of punishment; from June 1 to June 2 from June 1: A person who is the special sentencing factor (specific majority of unspecified victims and identical repeated crimes): A person who is the general sentencing factor in the special aggravated area (one to three years): A sentence of imprisonment for two years: A person who is the one year and six months aggravated: A person who is the person whose punishment is the one year and six months aggravated: A confession, etc.;

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