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(영문) 서울동부지방법원 2013.08.29 2013고단862

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 14:00 on April 2, 2013, the Defendant made a false statement to the effect that “If 41 million won is deposited into E account by phone call from the electronic device sales store for Defendant’s operation in Guro-gu Seoul Metropolitan Government, the Defendant would deliver 10 units of camping 10 to April 5, 2013.”

However, even if the defendant does not have a camping scam and received the above money from the victim, he did not have the intent or ability to deliver ten scams.

The Defendant received KRW 10 million on the same day, and KRW 31 million on the following day from the victim to the corporate bank account in the above E’s name.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a complaint, a detailed statement of deposit, and a criminal investigation report (date of prosecution);

1. Relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Code for the choice of punishment [Determination of imprisonment] - In the case of fraud less than KRW 100 million (special-purposes ] - In the case of intentional deception of the reduction element, or in the case of intentional deception of the degree of deception, [the decision of the recommending area] mitigation area / [the scope of recommendation area ] one month from January to one year [the general person] - there is no reflective criminal record against the reduction element / [decision of sentence] there is no reflective criminal punishment against the defendant who is the first offender.

However, in light of the fact that the victim's damage is not recovered at all, the sentence of sentence is inevitable.

In addition, the sentencing conditions indicated in the records, such as the age, character and conduct, environment, family relationship, occupation, etc., shall be comprehensively considered and sentenced as the disposition.

It is so decided as per Disposition for the above reasons.