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(영문) 창원지방법원 2018.12.19 2018고단2854

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Criminal facts

On October 7, 2017, the Defendant intending to post a call to the victim BI who operates “BH” in the Changwon-si BG market in Changwon-si, Changwon-si, Changwon-si, and sought to set a gift gift set to those who work for his parents in the counter BJ of Changwon-si, Changwon-si.

LA's delivery of LA's LA's gift sets will be paid immediately on the following day.

“......”

In fact, the parent of the defendant did not operate an orchard, and the defendant thought that he reselled the LAW gift set received from the injured party and used it for the purpose of flight life funds. However, even if he received the LA set from the injured party, he did not have any intention or ability to pay the price.

However, the Defendant: (a) by deceiving the victim as above; and (b) received 10 LA contribution gifts worth KRW 1,000,000 at the market price on October 7, 2017 from the victim; and (c) obtained 6 times a total of KRW 21,980,000 from around that time to October 20, 2017, and acquired 21,980,000 from around that time, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to BI;

1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and Article 347 of the choice of punishment (a comprehensive determination of imprisonment), include: (i) the Defendant’s mistake in depth and reflects it; (ii) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (iii) the means and results of the instant crime; (iv) the conditions of various sentencing specified in the Supreme Court’s sentencing guidelines, including the circumstances after the instant crime; (iv) the Defendant’s age, sexual conduct, intelligence, and environment; and (v) the various conditions of sentencing specified in the