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(영문) 청주지방법원 2017.01.11 2016고단2228

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 13, 2016, the Defendant made a false statement to the Defendant’s residence located in Cheongju-si, Cheongju-si C, 112 Dong 709, that “The Defendant sold 5S mobile phone calls” by accessing the smartphone display room, and that “on deposit with 190,00 won, the Defendant would deliver the cell phone to the victim D who reported and contacted the above writing.”

However, because the defendant did not have a 5S mobile phone at the time, even if he received money from the injured party, he did not have an intention or ability to sell the 5S mobile phone to the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received 190,000 won from the victim to the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant around the 15th of the same month from the victim and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Written statements of D;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes on the screen of a text message closure and the closure of the opening of the opening of the time;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had been punished several times due to the same kind of crime, the fact that the Defendant committed the instant crime is disadvantageous to the Defendant. The fact that the amount of damage acquired by the Defendant is not significant, and that the Defendant led to the confession of the instant crime and reflects against the Defendant is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.