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(영문) 대전지방법원 천안지원 2014.10.24 2014고단748
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2014, the Defendant posted an advertisement stating that “Ephone 4S is sold” on the Internet NAVV Kafa, a three-story library located in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. The Defendant reported it to the victim B who visited the victim B, “on deposit the money, you will send it to the post office’s home page.”

However, the defendant did not have a mobile phone, and he thought to use the mobile phone price from the victim as a living cost, so even if he receives the mobile phone price from the victim, he did not have the intention or ability to send the mobile phone to the victim.

As such, the Defendant, by deceiving the victim, received KRW 200,00 from the victim to the bank account (C) in the name of the Defendant in the name of the mobile phone payment on the same day, and received KRW 80,000 from the victims four times from around that time to March 27, 2014, such as the statement in the crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. Each e-mail statement of E and F;

1. Application of Acts and subordinate statutes on personal financial transactions and details of deposits transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. In full view of the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes committed again while the defendant is being tried for a number of identical crimes, and that the defendant was not notified of the date of sentencing, a sentence of sentence against the defendant is inevitable, and thus, the sentence of sentence is to be imposed as ordered.

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