beta
(영문) 수원지방법원 안산지원 2018.11.23 2018고단3156

사기

Text

A defendant shall be punished by imprisonment for four 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

On May 26, 2018, the Defendant, using computers installed in the PC room near the new line of Seoul subway No. 2, 2018, sent a false statement to the Internet, “I will deliver money to the victim D, on June 1, 2018, by visiting the Internet, a medium- and high-speed Kaf-gu, U.S. to sell the “S. 40M Tin Social 40M Tin Belgium” and making a false statement to “I will deliver money to the victim D, if paid in money.”

However, in fact, the defendant was trying to use the studio monthly and living expenses residing with the remittance of the price of the goods by the Internet fraud, and there was no capacity or intention to sell the Belgium.

On May 31, 2018, the Defendant received 370,000 won from the damaged party to the new bank account (E) with the Defendant’s name, and acquired the equivalent pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (the foregoing choice shall be made by taking into account the following factors: the choice of imprisonment and the amount of damage, although the amount of damage is relatively minor, and the fact that there

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the facts charged, the facts agreed with the victim, and the fact that there is no history of punishment exceeding a fine);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;