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(영문) 인천지방법원 2018.07.19 2018고단3614

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant, at the office of the Defendant located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul, 330, may seek a victim C to use a personal user in transit.

If only one week exists, it is possible to trade excess trading, so it is possible to send the full amount of the purchase price first.

H. The phrase “FEA” was false.

However, even if the Defendant received the full payment from the injured party, the Defendant was planning to use the payment for personal debt, so there was no intention or ability to seek a personal license plate from the injured party within one week.

The Defendant received 29.1 million won from the damaged person’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reasons for sentencing of sentence of imprisonment / The scope of recommendation / The scope of general fraud / [6 months - 1 year and 6 months] / 1 year / 6 months / 1 year and broer’s refusal of the suspension of execution / 3 years / 1 year and the method of demanding advance payment of lump sum payment due to the fixed criminal intent, brogate, and brogate’s external appearance of the recovery of damage, it is difficult to achieve a certain effect to prevent recidivism, but it is difficult

【Determination of sentence】 Provided, That the punishment for four months shall be set forth in one case in consideration of the indictment, the specific amount of defraudation, and the relatively good power, which is lower than the lower limit of the recommended punishment.