beta
(영문) 창원지방법원 2017.09.13 2017고단2223

사기

Text

A defendant shall be punished by imprisonment for six 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

[criminal Records] The judgment of the Changwon District Court rendered a special assault on July 11, 2015: Imprisonment with prison labor for four months and one year period of suspension of execution: May 19, 2017; the final judgment of the court below was affirmed / [criminal facts] The Defendant posted a false statement to the effect that, around February 18, 2017, the Defendant would sell the Defendant’s products to KRW 450,000 to the Defendant using the Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao to the effect that, “The Defendant would purchase the Defendant’s products to KRW 3i5 128GB products to KRW 450,00.”

However, the defendant did not have the above North Korea, and even if he received money from the injured party, he did not have the intention or ability to sell the above North Korea.

The defendant deceivings the victim as above and acquired 450,000 won through the NongHyup Bank account (D) in the name of the defendant as the price for goods on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Previous sentence of Article 62-2 (1) of the Criminal Act on the observation of protection and sentencing (unapplicable sentencing criteria: Application of Article 39 of the Criminal Act): Imprisonment with prison labor for six months: 6 months of suspended sentence; two years; and reasons for aggravation of observation of protection: Confession, confession, non-existence of punishment for victims; criminal records of concurrent crimes by the latter part of Article 37 of the Criminal Act;