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(영문) 대전지방법원 2017.06.29 2017고단1537
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On July 15, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on July 23, 2016, and the judgment became final and conclusive on July 23, 2016, and is currently in the period of suspension of execution. On November 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violating the Military Service Act at the Daejeon District Court, and the judgment was finalized on December 29, 2016.

[2] On September 28, 2016, the Defendant purchased an Internet “O” page using a mobile phone at a closed space below the flood time, and called “to purchase the right to learn,” which the victim P posted,” and called “to send the “to send the right to bargaining,” if deposited KRW 220,000 to the victim.”

However, as the Defendant did not have a “proving”, even if he received money from the injured party, he did not have the intent or ability to send the said goods.

As such, the Defendant, by deceiving the victim, received KRW 220,00 from the agricultural bank account in Q Q to transfer the money for “proving from the victim,” and acquired it by defrauding it. From September 28, 2016 to November 6, 2016, the Defendant received KRW 3,116,00,000, in total, 19 victims as the price for goods, from 19 victims, as in the list of crimes, from September 28, 2016 to November 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to Q and R;

1. Each statement and statement of the preparation of P, S, T, U, V, W, X, Y, Z, AAB, AC, AD, AE, AF, AH, AH, AI, and AJ;

1. An investigation report (suspect A’s specific developments), deposit details, each cybercrime statement, each cybercrime statement, each cybercrime statement, each of the remittance details, each of the Internet closures, each of the text conversationss, etc., each transfer confirmation evidence, inquiry of transaction details, deposit confirmation, request for cooperation in business (request for extract of the data onCCTV image), investigation report (verification of the place of withdrawal of the No.S. cards by time zone after deposit by victim), investigation report (verification of the place of withdrawal of the No.S. cards by time zone), each transfer report, each of the transfer details, each account transaction details, receipts, confirmation evidence, and transaction statement 1.

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