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(영문) 광주지방법원 2018.09.19 2018고단1514

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 26, 2017, the Defendant posted a letter on the sale of flass 4 in the Internet NAVand a national car page at the PC room located in the Busan Dondong, Busan around November 26, 2017, and then sent money to the victim B who has contacted with the Defendant.

“False speech” was made.

However, the defendant did not have an indication 4, and there was no intention or ability to sell it to the victim.

On November 27, 2017, the Defendant was transferred to the account (D) of the Nonghyup Bank in the name of C, which became aware of KRW 190,000 as the price for goods around 09:59 around November 27, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of text-printed text, No. Nonghyup Deposit Transactions Statement, and Korean Bank CD Trading Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - Type 1 (less than KRW 100 million) basic area (from June to June) - No person who is in charge of special sentencing: - No person who is in charge of favorable circumstances: The defendant's mistake is recognized - the defendant has no record of being punished for the same offense, such as being punished twice for fraud in 2017, and the defendant has no record of being punished for the same offense.