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(영문) 춘천지방법원 강릉지원 2019.01.10 2018고단1242

사기

Text

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

Reasons

Punishment of the crime

On June 9, 2018, the Defendant: (a) connected “B” to “B” using a mobile phone in the Yeung-si, Gangnam-si; (b) posted a notice to “LG air conditioners; and (c) made a false statement to sell air conditioners if the Defendant reported and sent money to the victim C.

However, the defendant did not have any air-conditioning, and even if he received the money from the victim, he did not have any intention or ability to sell the air-conditioning.

As above, the Defendant, by deceiving the victim, received 1 million won from the victim to the D (E) account in the name of the defendant on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Fagnating the details of the deposit and withdrawal;

1. Application of statutes on dialogue data exchanged with one another;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, and the choice of imprisonment (see, e.g., the fact that multiple additional crimes were committed at the time of the instant