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(영문) 서울중앙지방법원 2018.05.10 2018고단852

사기

Text

A defendant shall be punished by imprisonment for one month.

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

Reasons

Punishment of the crime

On February 1, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on March 22, 2018.

On September 11, 2017, the Defendant posted the Defendant’s house located in Suwon-si, Suwon-si C and B 402, with a cell phone, to sell Internet NAVV and Korean Kamera in the Internet, and made a false statement to the victim D who reported and contacted the above writing, stating that “The Defendant would sell 180,000 won Kamera.”

However, in fact, the defendant did not possess goods at the time of sale and had the intention to use the goods for living expenses, etc. with money from the injured party, so the victim did not have the intention or ability to sell the camera.

Ultimately, the Defendant, by deceiving the victim as above, received 180,000 won from the victim to the national bank account under the name of the suspect on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the authentic statements and written statements of DNA Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there has been an agreement with the point of concurrent crimes after Article 37 of the Criminal Act);