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Reasons
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(영문) 서울남부지방법원 2018.04.04 2018고단547
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2017, the Defendant: (a) reported on the sales of CBrid cards (pandeless tampets) posted by the Defendant in the Twitter in a closed area below the hydro-si, Suwon-si, Suwon-si, 2017, and delivered C C C C C C C C dyke cards to the victim D by the next day.

A false statement was made.

However, the defendant did not possess CBD cards at the time, so even if he received money from the injured party, he did not have the intention or ability to sell the said cards.

The Defendant, as such, by deceiving the victim, received KRW 230,00 from the Defendant’s National Bank Account (E) around 19:07 on the same day from the victim, and by deceiving 39 victims over a total of 39 times from around that time to February 2, 2018, and received KRW 5,104,50,000 from the victims, as described in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second examination records concerning the accused, and the second examination records concerning the accused;

1. Statement made by the police with respect to F (the victim of a crime No. 18) ;

1. Written statements of D, G, H, I, K, K, L, M, M, N,O (P-friendly), Q, R, S, T, U,V, W, X, Y, Z, AA, AB, AC, AD, AE, AE, AF, AF, AH, AH, AI, AJ, AJ, Amm, AL, AM, AO, AP, Q, AP, and AR;

1. Each copy of the preparation of D, G, H, I, K, K, L, M, Q, P, Q, S, T, U, V, W, F, X,Y, Z, AB, AC, AE, AE, AE, AF, AH, AH, AH, AJ, AJ, AJ, AK, AAL, AM, AP, Q, Q, and AR;

1. The electronic financial transaction confirmation certificate (amount of damage caused by the crime No. 1 in the List of Offenses), the No. 1, the No. 1, the No. 21, the No. 21, the No. 31, the No. 4, 5, 6, 11, 26, 28, 29, 30, 37, and 38), the statement of remittance (amount of damage caused by the crime No. 7 in the List of Offenses No. 9, 10, 12, 13), the statement of transaction by account (amount of damage caused by the crime No. 8 in the List of Offenses), the statement of remittance (amount of damage caused by the crime No. 9, 10, 12, 192, 34, 36.

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