(영문) 울산지방법원 2020.5.14.선고 2019고단4302 판결

Defendant paid 105,000 won to Applicant B, 103,000 won to Applicant C, 105,000 won to Applicant D, 105,000 won to Applicant D, 108,000 won to Applicant E, 110,000 won to Applicant for Compensation, 10,000 won to Applicant for Compensation to Applicant for Compensation, 100,000 won to Applicant for Compensation, and 100,000 won to Applicant for Compensation, respectively.

The applicant for compensation shall be dismissed, respectively, of the damage caused by this year.

The above order for compensation may be provisionally executed.

Reasons

Facts of crime

【Criminal Records】

On September 5, 2018, the defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc., and the execution of the sentence was terminated in the Jinju prison on February 28, 2019.

[2019 Highest 4302]

Around August 29, 2019, the Defendant posted a false statement to the effect that the Defendant would sell the gift certificates by using the Defendant’s mobile phone at a remote area in Ulsan-gu, Ulsan-dong, and by accessing the Defendant’s mobile phone at a time. The Defendant made a false statement to the victim’s new wheels who reported and contacted the above article, for the transfer of the gold source to the victim’s new wheels.

However, there was no intention or ability to send the above pockets even if the defendant did not have the above pockets and received money from the victim.

Nevertheless, as described above, Defendant A, by deceiving the victim as above, received 38,000 won from the victim to the Kakao Bank Account (--) in the name of the defendant on the same day, and thereafter, from that time, he received a total of 1,818,500 won from September 19, 2019 by deceiving the victim as described in the list of crimes (attached Form 1).

[2019 Highest 4610]

On August 31, 2019, the Defendant posted a false statement to the effect that he will send money to the victim this ○○, who reported and contacted the above writing, by using the Defendant’s personal phone at a non-permanent location below Ulsan-dong, Ulsan-gu, Seoul-dong, and by accessing the Internet's website sales site and selling it in KRW 3.70,000,00 won.

However, the Defendant did not have an intent or ability to send a new global product certificate even if he received money from the victim, such as not holding a new global product certificate available. The Defendant deceptioned the victim as above and received KRW 370,000 from the victim in the name of the Busan Bank account (--) in the name of the purchase price of the goods on the same day. From around that time to September 20, 2019, the Defendant was transferred KRW 2,646,500 in total from the victims about 19 times in total, such as the list of crimes.

[2019 Highest 5106]

On September 19, 2019, the Defendant posted a notice to the effect that he sells gallons to the Internet Nuribane Pluxa by using a mobile phone, and made a false statement to the victim of this contact who had contacted with ○○ by "if you send gallons, you will sell gallons to gallons."

However, the Defendant did not have the intent or ability to sell the above goods. The Defendant was transferred from the victim to Naba (Siam) using the Defendant as the sales proceeds of KRW 103,000 on the same day at around 12:01 on the same day, as well as from that time until October 23, 2019 [Attachment 3] was delivered five times in total as indicated in the list of crimes.

【200 Highest 455】

On September 10, 2019, Defendant 1 posted a galthal galthal galthal galthal galthal galthal galthalthal galthal galthal galthal galthal galthalthal galthalthal galthalthal galthalthal galthalthal galthalthr.

However, even if the defendant received money from the victim, he did not have the intention or ability to send the above things.

Nevertheless, as Defendant A, deceiving the victim as above, and it received 210,000 won from the victim to the Kakao Bank Account (--) in the same day, and then acquired it by transfer to the Kakao Bank Account (---) in the name of the defendant.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

§ 347(1) of each criminal law, selection of imprisonment

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Article 25(1)1, Article 31(1), Article 31(2), and Article 31(3)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation, etc. [In the case of an application for compensation (the name of the applicant for compensation) under Article 32(1)3, Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the name of the applicant for compensation), the scope of liability is unclear, such as the defendant's assertion of reimbursement, and in the case of an application for compensation (the name of the applicant for compensation) of double damage (the name of the victim is not included in the number of victims as indicated in the judgment)], the reason for sentencing is that the applicant has committed a fraudulent act on the Internet over a number of times, and it is inevitable that the same type of crime has been committed during the period of each repeated offense, and it is inevitable that the defendant has been sentenced to all the circumstances and conditions of payment, etc., the defendant's age of damage.

Judges

Judges electrical interest

Site of separate sheet

A person shall be appointed.

참조조문

유사 판례

-울산지방법원 2020.4.23.선고 2019고단2883 판결

-울산지방법원 2020.4.24.선고 2019고단2347 판결

-울산지방법원 2019.11.21.선고 2019고단2631 판결

-서울중앙지방법원 2018.07.12 2018노1473

-서울북부지방법원 2020.5.15.선고 2019고단3946 판결