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(영문) 창원지방법원 진주지원 2018.09.28 2018고단811

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

On August 19, 2016, the Defendant: (a) connected to “C” on the “B” website at an insular place; (b) posted a false statement stating that S6 mobile phones will be sold at gallon; and (c) reported and contacted the victim D, who first sent the price to gallon S6 mobile phones at gallon.”

However, the defendant did not possess S6 mobile phones when the above gallon block, and the defendant had no intention or ability to send S6 mobile phones to the victim from the beginning because he had the intention to cover the price by deceiving the victim to transfer it to the seller E's account.

Nevertheless, the defendant deceivings the victim as above and caused the victim to transfer KRW 260,000 to the bank account in the name of E (G).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes concerning outputs by cutting H course;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (including a relatively small case) or more.