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(영문) 울산지방법원 2015.07.27 2015고단1533
사기
Text

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

Reasons

Punishment of the crime

On April 18, 2015, at the Defendant’s residence located in Ulsan-gu C and 206, the Defendant contacted the victim by accessing the Internet “number-place” website using smartphones to report on the purchase of cultural products rights posted by the victim D. The following facts: (a) deceiving the victim as if he had no intent or ability to sell the said cultural products right; and (b) by deceiving the victim as if he were selling the said cultural products right, the Defendant was remitted KRW 16,200 to the account of community credit cooperatives (E) in the name of the Defendant.

The Defendant, from around that time to June 22, 2015, received a total of KRW 2,505,200 by the same method through the same 98 times from the Internet “useter” website and the “NAVanda” website as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, K, L, M, N,O, and P;

1. Personal information of account holders and account holders, and telephone communications of immediately preceding account holders;

1. Application of Acts and subordinate statutes to an investigation report (additional victim Q Q, victim R,S, andT addition, and additional victim U specific);

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

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 (the scope of less than 100 million won) in general fraud [in the case where a person under special relationship] is committed against an unspecified or large number of victims, or repeatedly commits a crime for a considerable period of time (the decision of sentencing] the contents of the crime disturbing the order of electronic commerce and the decision of suspended sentence of imprisonment for the same crime has become final and conclusive due to the same kind of crime which disturbs the order of electronic commerce, the person who committed a second offense against many unspecified persons during the grace period, on the other hand, the amount of damage is relatively

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