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(영문) 인천지방법원 2015.06.19 2015고단1427

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2015, the Defendant posted a notice to the effect that “sale of Hphones” on the Internet NAVER’s bulletin board,” and made a false statement to the effect that the Defendant would send money to the victim C who reported and contacted with the Defendant.

However, there was no intention or ability to send the thing.

As above, the Defendant, by deceiving the victim, received KRW 100,00 from the Defendant’s new bank account at around that time, and took over KRW 417,00,00 from around that time to March 7, 2015, by remitting KRW 4 times in total, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and subordinate statutes of C, D, E, and F

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a person commits a crime against an unspecified number of victims or many unspecified persons or repeatedly commits a crime for a considerable period of time, falling under the scope of the sentencing guidelines [the scope of the sentencing guidelines] the basic area (six months to one year and six months) of types 1 (less than KRW 100 million). (Special mitigation) (Special Mitigation) or considerable damage is recovered;

2. The sentencing decision defendant recognized the crime of this case and reflects the fact that the amount of the fraud of this case is not much, and all the amount of the fraud was remitted to the victims, the primary crime is favorable circumstances. The fact that this case deceivings the victims who have contacted by making a false writing on the Internet bulletin board, and the fact that the crime is not good, shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.