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(영문) 인천지방법원 2016.04.11 2015고단8350
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2015, Defendants would purchase a leap and cosmetic to the victim E at the D main points located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

It is intended to supply 10,00 cosmetics up to February 13, 2015 with 44,160,000 won for leap and 10,000 won for leap.

“.....”

However, in fact, since the defendants thought that they would receive the payment of cosmetics from the previous customer's credit, they will receive money from the injured party as the payment of cosmetics.

There was no intention or ability to supply high cosmetics.

Nevertheless, on January 29, 2015, the Defendants conspired to induce the victim and acquired 44,160,000 won from the victim to the Agricultural Cooperative Account in the name of F, the spouse of Defendant A, by transfer.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Statement made by the police for E;

1. A detailed statement of transactions in each passbook;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., is not small, but the amount of damage caused by the instant crime is smoothly agreed with the victim, the defendants are in depth against the crime, and the defendants have no record of punishment for the same kind of crime, etc. shall be determined as ordered in consideration of the following:

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