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(영문) 광주지방법원 순천지원 2016.01.18 2015고단1644
사기
Text

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

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

1. Fraud: From around 29 January 2015, 2015, Defendant 1644, Defendant B, using mobile phones, accessed to “C” stoptop “D” to a seller and sold gold sheet (18K).

The phrase " shall be posted on the same day, and the victim E (hereinafter referred to as 44 years old) who reported and contacted this on the same day shall first send one gold sheet to the victim E (hereinafter referred to as "the 44 years old"), who transfers money.

“.......”

However, since the defendant did not own the above goods, there was no intention or ability to sell them even if he receives money from the injured party.

As above, Defendant 1 received KRW 1.5 million from the damaged party to the Agricultural Cooperative Account (G) account in F on the same day as the price for the goods, and the same year from the beginning of the same day.

4. By September 4, 200, a total of seven million won was received through a total of seven times, such as the written list of crimes in the annexed sheet, and acquired it by fraud.

2. Fraud: (a) around March 24, 2015, Defendant 1749 published an advertisement for the sale of visual visibility in the Stop “C” set up in the mobile flusium Kakao, around March 24, 2015, and promised to sell and trade the said product to the victim H who reported and contacted.

However, since the defendant did not own the above goods, there was no intention or ability to sell them even if he receives money from the injured party.

Defendant 1, as above, made a false statement to the victim, and received 550,000 won from the victim to the Agricultural Cooperative Account (G) in F’s name, and acquired pecuniary profits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. Each statement of E, J, K, L, M, N, and H;

1. Each transfer statement and each Kakao Stockholm message;

1. Application of CCTV data-related statutes;

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

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