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(영문) 대구지방법원 김천지원 2016.01.21 2015고단1350

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 28, 2015, at a place where it is impossible to know the location of 17:28, the Defendant made a false statement on the sales of gallon 3 smartphones to NAV Liberian Republic of Korea, and reported it to the victim B who visited the victim B, who deposited 150,000 won in the Agricultural Cooperative Account (Account Number:C), the Defendant made a false statement to send gallon gallon 3.

However, even if the defendant did not have 3 smartphones at the time and received the price for goods from the injured party, he did not have the intent and ability to deliver 3 smartphones to the injured party.

The Defendant, as well as the Defendant’s receipt of KRW 150,00 from the victim’s above No. 150,00 from that time to October 29, 2015, as well as the Defendant’s receipt of KRW 150,00 from that time, shall be revised to “B, F, E, H, H, G, J, J, I, K, D, N, M, M, Q, P, and R” as the annual order.

As above, the victims received a total of KRW 2,849,00 from the victims on 16 occasions in total.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Each statement of B, E, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. The application of the Acts and subordinate statutes on the screen output, transfer confirmation, official receipt, each verification certificate, copies of receipts, and each letter message screen to cover each page, and the inquiry of the details of withdrawal, each transaction, the details of each transaction, photographs, receipts, ages automated machine transaction statement, statement of account transaction, verification statement, copy of each transaction statement, verification statement, transaction report, immediate inquiry of the results, immediately transferred account, and the application of the withdrawal account statement;

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

1. From April 9, 2015, sentencing on Article 37 (former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Punishment on Crimes against Victims D with the largest offense) of the Criminal Act is imposed.

8. Until December 25, 200, he was sentenced to a fine of 6 times in total due to the same kind of crime under the same law and was committed by the police for each such previous crime.