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(영문) 광주지방법원 목포지원 2014.02.17 2013고단1715

사기

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 16, 2013, the Defendant posted a sales letter, “I will sell KIKOs” on the Internet NAV E bulletin board near the D Building, and reported it to the victim F (the age of 26) who contacted the Defendant, “I will send the money to her home if you transfer the money.”

However, the defendant did not have the intention or ability to sell the keyboard to the victim.

As above, the Defendant, by deceiving the victim, received 50,000 won from the victim’s agricultural bank account in the name of the Defendant, and acquired it by deceiving the victim, and then acquired 15,269,000 won in total from the victims through the same 74 times from November 11, 2013, such as the list of crimes in the attached Form from the time to November 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G, H, I, J, K, L, M, N,O, P, Q, M, T, U, V, W, X, Y, Z, and AA;

1. Application of the respective Acts and subordinate statutes in each statement in the preparation of the CA, as described in the F, AB, AC, AD, AE, AE, AF, AJ, AK, AL, AM, N, AP, AP, Q, ASS, ATS, AU, AV, AW, AY, AY, AY, BA, BA, BB, BD, BE, BE, BF, BH, BJ, BJ, BY, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, CA, B, B, B, CA preparation;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of criminal records of imprisonment without prison labor or any heavier punishment, and most victims’ agreement);

1. Article 59 (1) of the Act on Probation, etc. of Social Service Orders;

1. Article 25 (1) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. It shall be decided as per Disposition on the grounds of not less than Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration