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(영문) 수원지방법원 성남지원 2018.04.03 2017고단3474

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On January 10, 201, the Defendant supplied gold forced gift certificates to the victim C (38 years of age) at the mutual infinite chain store located in Anyang-dong in Anyang-dong in the Gyeonggi-si in the Gyeonggi-si on January 10, 201.

“.......”

However, the Defendant, at that time, did not have any intention or ability to pay the price even if he received gift vouchers from the injured party because the only business chain, which he operated, had been in business difficulties, and there was no specific income, such as having to use the said gift certificates for the entire amount sold to others as operational funds.

Nevertheless, the defendant deceiving the victim as above and received 300,000 gift certificates of KRW 22,22,000 from the victim, and received 300,000 gift certificates of KRW 22,22,00 from the victim, around that time to January 201, and acquired 600 gift certificates of KRW 45,60,000 in total, as shown in the list of crimes in attached Table from around that time to around January 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, and Article 347(1) of the Criminal Act on the grounds of sentencing of imprisonment with prison labor, and the fact that the confession of the crime of this case and the violation of the mistake are not properly implemented due to favorable circumstances or the agreement with the victim, and that there is no record of being punished several times for the same crime, which is disadvantageous to the victim.

The punishment shall be determined as per the order, taking into account the circumstances mentioned above, Article 51 of the Criminal Act, and the scope of the recommended punishment according to the sentencing guidelines.