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(영문) 수원지방법원 성남지원 2019.07.09 2019고단815
사기
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 became final and conclusive.

Reasons

Punishment of the crime

Around July 31, 2018, the Defendant posted a notice on the “D” bulletin board using the Defendant’s mobile phone in Gyeyang-gu B Officetel, Annyang-gu, Annyang-gu, the Defendant: (a) connected the Defendant’s mobile phone to the Internet CCCP; and (b) sold the new world merchandise in an amount equivalent to KRW 100,000 to KRW 90,000,000 to the victim E who contacted with the notice.

‘A false statement' was made.

However, the defendant did not have any intention or ability to deliver merchandise coupons to the victim even if he received money from the victim because he did not have merchandise coupons.

The Defendant received KRW 90,000 from the victims in total 24 times from July 31, 2018 to November 7, 2018, including the transfer of KRW 22,70,000 from the victims to the G account in the name of F, a defendant's friendship in the name of selling merchandise coupons on the same day.

Accordingly, the defendant deceivings victims to acquire financial benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each simplified statement in the preparation of H, E, I, J, K, L, M, N,O, P, Q, Q, S, T, U, V, W, X, Y, Z, AAB, AC, AC, and AD;

1. Application of Acts and subordinate statutes on documentary evidence, a certificate of remittance, a certificate of remittance, a certificate of remittance, a certificate of each transfer, a certificate of account transfer, details of account transactions, a certificate of use of services, each one's financial transaction, inquiry into the results of transfers, and detailed

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence is that each of the instant crimes continues against many unspecified victims for a considerable period of time, or the nature of such crimes is not good in light of the method of crime.

However, the defendant is the first offender, and the total amount of damage 22,700,000 won is 18,605.

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