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(영문) 수원지방법원 2017.08.11 2016고단7971

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On February 17, 2017, the Defendant was sentenced to one year and six months of imprisonment as a crime of fraud, and three years of suspended execution, and the judgment became final and conclusive on February 25, 2017.

[Criminal facts] On December 7, 2015, the Defendant purchased three mobile phone units in the name of B and B around December 7, 2015, and conspired to sell them as a medium phone and use them separately.

However, at the time of fact, the defendant has a debt such as the unpaid charge on credit cards and mobile phones, and B was under circumstances that are economically difficult to loan a mobile phone, so it was thought that the given mobile phone was sold at the immediately discounted price and used it in installments, and even if the mobile phone was purchased in installments, there was no intention or ability to pay the price properly.

Nevertheless, on December 7, 2015, the Defendant made a false statement to the effect that “D” mobile phone sales stores located in Samsung-si Co., Ltd., and that “F” mobile phone sales stores located in Suwon-si, Suwon-si, Suwon-si, Seoul-si, in December 8, 2015, “B would purchase a mobile phone as the owner of the relevant place of business, and pay the price without the mold.”

As above, the Defendant: (a) by deceiving each victims; (b) received two mobile phones of 6S mobile phones of 1,130,800 won at the market price from the victim G; and (c) one mobile phone of 6S mobile phones of 1,130,800 won at the market price from the victim H, respectively.

Accordingly, the defendant, in collusion with the victims, got the victim by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. An application for joining (KS) and a new application for joining (SKS);

1. Previous convictions: References to inquiries, such as criminal history, attachment of criminal suspects' judgments during the continuance of the criminal suspect's judgment, and application of two copies of judgment;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.