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(영문) 창원지방법원 2020.07.22 2020고단1749

사기

Text

A defendant shall be punished by imprisonment for a maximum of two months and a short of one month.

Reasons

Punishment of the crime

On July 28, 2019, the Defendant posted a letter stating that “Aphone X-R mobile phone is sold.” On the Internet website at an insular place, and send a cell phone when transferring KRW 5.60,00 to C who reported and contacted the above letter to the victim C.

“The purpose of “ was to make a false statement.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the goods.

As above, the Defendant, by deceiving the victim, received 560,000 won from the victim to the E bank account in the name of D on the same day and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to data to details of deposits, details of account transactions, and details of account closure;

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

1. Reasons for sentencing under Article 2 and Article 60(1) of the Juvenile Act - The grounds for sentencing under Article 2 and Article 60(1) of the Juvenile Act - The sentence shall be determined as ordered by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant received juvenile protective disposition several times for the same kind of crime and committed a crime again during the long-term probation period, the possibility of criticism against the defendant is significant, and the damage has not yet been recovered until now: The defendant is divided by mistake, the total amount of damage itself is not significant, juvenile offenders, poor family environment, and the defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months and a short-term one year at the Changwon District Court on June 3, 2020, and the defendant is still pending in the appellate trial after appeal by the defendant.