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(영문) 서울남부지방법원 2014.10.07 2014고단3176

사기

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 19, 2014, the Defendant posted a false statement to the victim B who contacted the Internet NAB on the bulletin board of the Internet NABB stating that he will transfer the Gu Dak Dok Dok Dok to KRW 3.80,000.

However, the defendant did not have any intention or ability to send things even if he receives the price from the victim because he did not have the above bank.

Nevertheless, the Defendant received a total of 3,687,00 won from around that time to July 17, 2014, as shown in the annexed crime list, including the transfer of KRW 3,80,00 from the victim for the price of goods.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (in the case of a person subject to special mitigation] or a case where considerable damage has been recovered from his basic area (6-1 year and six months), / In the case of a crime committed repeatedly against, or over a considerable period of time against, an unspecified or large number of victims, six months of imprisonment, suspension of execution of two years (in the case of a crime repeatedly committed for a considerable period of time against, a large number of victims), the fact that there was a history of the same crime repeatedly committed for a considerable period of time, and the fact that there was an agreement with a large number of victims and that the damage seems to have been significantly recovered shall be considered in consideration of favorable circumstances);