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(영문) 인천지방법원 2014.08.14 2014고단4526

사기

Text

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

Reasons

Punishment of the crime

On March 12, 2014, the Defendant posted a false letter to the victim BB who reported and contacted the said notice to the effect that “I will send the said goods if you send the money.”

However, there was no intention or ability to send the above goods to the victim because the defendant did not have the above goods, as well as because he was planned to use them as living expenses and entertainment expenses with money from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received 220,000 won as the price for the goods from the company bank account (number BC) in the name of the Defendant on the same day from the victim, and took over 1,510,000 won in total on five occasions from around that time to April 2, 2014 as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement with respect to BD and BE;

1. Application of the respective laws and regulations of BB, BF and BG

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria [Determination of type of crime] There is no person who is less than KRW 100 million (a person specially punished] from the general fraud [the scope of decision-making and recommendation-making] [the scope of the recommended area] basic area: From June to June 1:

2. The sentencing criteria sentencing decision defendant has been repeatedly cut off with the previous case and has not been recovered from damage or has not been agreed, but the defendant has yet to be aged, has been sentenced to the previous case and is still pending in the appellate trial after having been sentenced to the previous case, and other sentencing data, including the character, conduct and environment of the defendant, shall be determined lower than the lower limit of the sentencing criteria recommended.