beta
(영문) 의정부지방법원 고양지원 2013.10.23 2013고단1294

사기등

Text

A defendant shall be punished by imprisonment for six 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

Around 10:40 on July 9, 2013, the Defendant tried to obtain money from the victim through the above 300,000 won of the market price by confirming the Defendant’s photograph and criminal act, which committed several frauds on several occasions from the Internet site, and reporting it to the police, thereby not constituting an attempted money by taking the Defendant’s photograph and criminal act, and thereby obtaining money from the victim to the 300,000 won of the goods, despite the lack of the intent or ability to pay the price for the goods. However, the Defendant, despite of the absence of the intention or capacity to pay the price for the goods, issued a false statement to the victim, stating that “I would like to obtain money from the company’s account and send money immediately to the account.” However, the Defendant attempted to obtain money from the victim through the above 30,000,000 won of the goods from October 24, 2012 to 30,000 won of the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the respective laws and regulations of E, F, G, H, I, J, K, L, M, N,O, P and Q

1. Relevant Articles 347(1) and 352 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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 (Consideration to the agreement with victims, etc.);