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(영문) 서울중앙지방법원 2015.11.19 2015고단4904

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 8, 2014, the Defendant made a false statement to the effect that, at a coffee shop where the trade name in an objection Dong of the Young-gu, Gyeonggi-gu, the Defendant would not be known, “If the shares of a single media are transferred to 50,000 won, the Defendant would sell the shares of a single media to 6,000 won per share and return the price to 10,000 won, and that the Defendant would pay 50,000 won for the existing obligation with 10% of the purchase price as a fee.” The victim, at that time, delivered 50,000 won of a single media share to the Defendant.

However, even if the defendant received share certificates from the victim as above, the defendant did not intend or have the ability to dispose of the share certificates at the price agreed upon by the victim and to return the price, and was planned to dispose of the shares voluntarily and to use them for the purpose of repayment of other debts by the defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of custody certificates and undertaking certificates;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following circumstances) of the suspended sentence (the scope of recommending sentence) is that there is no basic area (6 to 100 million won) (6 months to 100 million won) of category 1 (the basic area (6 to 1 year and 6 months) of the suspended sentence (the decision to punish a person who has no special person) (the decision to punish a

However, the sentencing conditions such as the defendant's age, character and behavior, environment, circumstances after the crime, etc. are considered comprehensively and comprehensively, it is difficult to deem the crime of this case as a planned crime, the degree of damage, and the degree of damage.