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(영문) 춘천지방법원 원주지원 2013.06.25 2013고단227

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The criminal defendant against the victim B did not have an intention or ability to sell narcotics because he/she did not possess narcotics, such as phiphones;

Nevertheless, around December 2, 2012, the Defendant issued a letter to the effect that he would sell narcotics under the title of “hycho-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hye-hyn” at the Defendant’s residence located in Gangwon-do, Gangwon-do, and received KRW 400,000 from the victim B, who expressed his intention to purchase hye-hye-hye-hye-hye-hyn-hye-hyn-hye-hyn,

Accordingly, the defendant, by deceiving the victim, received property from the victim.

2. The criminal defendant against the victim G did not have any intention or ability to sell narcotics because he/she did not possess narcotics, such as phiphones.

Nevertheless, around December 2, 2012, at the same place as Paragraph (1) of this Article, the Defendant put a letter to the effect that he/she would sell narcotics under the title “hyi mulberry- Crath-Crop-prop-propop-propop-propop-ma-mari-mari-mari” on the Internet D Free Advertising Board, and received KRW 300,000 from the victim G, who expressed his/her intent to purchase GHB, KRW 30,000 from February 16, 2013.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of suspect examination of the police in B and G;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of imprisonment with prison labor of the kind (the defendant has the same criminal records as the previous criminal records of the manual similar to the previous criminal records, and consideration of the methods, attitudes, etc. of the crime in this case);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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