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(영문) 수원지방법원 성남지원 2014.07.25 2014고단1183

사기

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

On December 31, 2013, the Defendant posted a notice on the Defendant’s bulletin board “galthot 2 mobile phones sold” on the Defendant’s cell phone despite having no intent to send galthot 2 mobile phones even if he received the money from the Defendant’s house located in Gwangju City, Gwangju City, 103 Dong 101, 101, and when he returns money to the victim D who reported and contacted galthot 2, he would send galthot 2, and he would receive 160,000 won from the victim D to the Defendant’s deposit account in the Nonghyup Bank, a female student, from January 15, 2014, including the transfer of 160,000 won from the victim D to the Defendant’s female member’s bank account, which is the Defendant’s mother employee, from January 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each written statement of D, G, H and I;

1. A specification of transactions;

1. Application of each relevant statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include a previous conviction of a fine of five times due to a crime of fraud. However, considering the fact that the defendant was committed by committing a crime, and the defendant was committed by himself, and deposited money to the victims, the punishment shall be determined as per the order.