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(영문) 서울중앙지방법원 2014.08.13 2014고단3933

A defendant shall be punished by imprisonment for not less than eight months.


Punishment of the crime

On November 22, 2012, the Defendant, at the Seoul Northern District Court, sentenced one year and six months of imprisonment for fraud, and completed the execution of the sentence on July 28, 2013.

On February 21, 2014, at the PC room where it is difficult to know the trade name in Gangnam-si, the Defendant posted an Internet NAVV C an advertisement stating “Sales of YF La 17 wheel chairss,” and said on the same day, the Defendant sent the wheel chairs to the victim D who reported and contacted the above writing.”

However, the defendant did not have the intention or ability to deliver the above goods to the victim even if he received the price of goods from the victim.

Around February 21, 2014, the Defendant received 280,000 won from the victims to the Nong Bank (E) account under the name of the Defendant (E) for the price of goods on February 21, 2014, as well as from around that time to March 3, 2014, the Defendant received total of 10,560,000 won from the victims in the same manner as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, F, G, H, I, J, K, L and M;

1. Results of the immediately transfer, certificates of results of electronic financial transfer, certificates of transfer of electronic banking transfer, certificates of transfer by Internet banking, details of each transaction, results of transfer processing, details of conversations on messages, and details of transactions by entry;

1. Internet advertising photographs;

1. A previous conviction: A written inquiry about criminal records, etc., the confirmation report on the date of release, and application of Acts and subordinate statutes concerning personal identification and accommodation;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) of the General Fraud [the person under special relationship] of the same repeated crime [the decision of sentencing] has the records of having been punished several times due to the same or similar crimes, and the defendant is a repeated crime due to the same criminal record.