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(영문) 인천지방법원 2017.10.18 2017고단6096

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 20, 2017, the Defendant: (a) contacted the victim with the Internet copter at an irregular place not exceeding Incheon City, and (b) contacted the victim with the “50 foot net gold coper,” which the victim B posted; and (c) promised to purchase the said coper in KRW 9.6 million.

The Defendant made a false statement to the victim as follows: “On receipt of a selective delivery receipt delivered in the future A, 204 dong 1102, Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do., the Defendant would transfer the sale price.”

However, in fact, the defendant did not have the intention or ability to transfer the sale price because he had the intention to recover the sale price because he had the convenience store in which the victim received the return of the receipt.

The Defendant, on the same day, had the victim receive the E convenience store of 50 flocks in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and then found the convenience store around July 20, 2017, and 23:06, followed the employees of the Defendant as the victim, and got the victim to return the bond within the flocks that he left before flocks.” Thus, the Defendant was flicked 50 flocks on the part of the victim, stating that the Defendant had the victim receive the 50 flocks in the flocks that he left.

Accordingly, the defendant deceivings the victim and let the victim 9.6 million won of the market price on the same day from the victim, and 5.5 million won of the net gold 5.0 million won of the market price on the same day to the employees of the convenience store, and the defendant acquired it by acquiring it from the employees of convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F and B;

1. Photographs of the police officer dispatched to the Republic of Korea as attachment to KICS, and photographs of the defendant taken from CCTV for convenience stores;

1. Application of Acts and subordinate statutes concerning the details of multilateral letters between the person under consideration and damage;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria: