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(영문) 대구지방법원 서부지원 2019.10.15 2018고단1194

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On November 22, 2017, the Defendant, in collusion with B, posted the Defendant’s cell phone in the Internet “F” website “F” as the Defendant’s cell phone in the 160,000 won (i.e., the main body of the 5 game exclusively., the game book, roll, strawer, and string). The Defendant reported and contacted the above writing “on the part of the victim G who sent the price of the goods, to deliver the goods.”

However, even if the defendant receives the payment from the victim, he did not have the intent or ability to sell the main body of the i5 game only.

As above, the Defendant, by deceiving the victim, was transferred KRW 130,00 from the victim to the H Association (I) in the name of the Defendant on the same day.

2. Around November 22, 2017, the Defendant separated the main body equivalent to KRW 300,000 in the market price from a computer owned by the victimJ around November 22, 2017, which included the Defendant and B’s previous main body in a gambling room prepared by the Defendant and B.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of the police statement to J;

1. G statements;

1. A certificate of deposit, a photograph of the Defendant’s sales book-facing, a photograph of the closure of text messages, E, and a damaged photograph;

1. Application of the Investigation Report (No. 10) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 331 (2) and (1), and 330 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act recognizes the Defendant to commit each of the instant offenses, and the Defendant’s parents paid the amount equivalent to the amount of damage to the victim of the fraudulent offenses, and the special larceny in its holding.