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(영문) 서울중앙지방법원 2012.06.19 2012고단1674

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 22, 2010, the Defendant, along with E at the D coffee shop in Sungnam-si, Sungnam-si, called “E has purchased 3.02 knmonds to the victim F,” and said, “E has 3.02 knmond 3.02 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife g.

However, E, who is not a gallonian master, intended to purchase KRW 150 million to sell it to the Defendant in KRW 150 million, and the Defendant did not have any preparation for resale, such as selling it to the victim, and securing a purchaser who is willing to buy the above half of KRW 45 million, and the Defendant did not have any intent or ability to pay KRW 175 million to the victim by selling it in KRW 250 million to the pawnpo, as long as financial circumstances were not good, such as securing another customer’s precious metal which was entrusted for sale purposes at the time, and borrowing money.

Nevertheless, the Defendant received KRW 150,000 from the victim's place of residence KRW 150,000.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement of the police statement of E;

1. Investigative reporting (or expressing his/her intention not to appear);

1. Application of Acts and subordinate statutes to a copy of a certificate of report of loss;

1. The sentencing guidelines are applied in the case of fraud for reasons of sentencing for sentencing of imprisonment with labor, Article 347(1) of the relevant criminal facts, and the sentencing guidelines are applied in the case of fraud for reasons of sentencing for sentencing of imprisonment with labor, and the sentencing is determined between two and half years in imprisonment with labor for a period of ten months, since the crime falls under the mitigated area (i.e., the total amount of damage is not less than KRW 100,000 but less than KRW 50,000) among types 2 (the total damage amount is recovered).