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(영문) 인천지방법원 2014.11.13 2014고단1896
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 20, 2013, Defendant A was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor for special larceny at the Jeonju District Court on May 20, 2013, and on May 28, 2013, the judgment became final and conclusive on May 28, 2013.

【Criminal Facts】

Defendant

A and C have opened a mobile phone sales store and conspireded to acquire a mobile phone from the mobile phone sales store.

Defendant

On February 7, 2013, A and C opened “E”, which is a mobile phone sales store in the name of “E,” in the name of “E,” and the victim G operating “F,” around March 7, 2013, made a false statement to “A and C, who want to make a transaction, would supply mobile phone sales.”

However, even if Defendant A and C are supplied with mobile phone devices from the victim, they only intended to sell them in the middle transaction and use them for their entertainment expenses, etc., and they did not have the intent or ability to receive the sales proceeds from the mobile phone through normal opening procedures.

Nevertheless, Defendant A and C, as seen above, deceiving the victim, received three mobile devices equivalent to KRW 3,146,00 from the victim around March 8, 2013, and acquired them from March 24, 2013. From that time, Defendant A and C received 51 mobile phone devices and 104 core chips from March 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of G and H;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to final judgment made by A) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. In view of the fact that the amount of damage caused by the instant crime is equivalent to the amount of damage caused by the instant crime, the sentence is inevitable for the Defendant to be sentenced, taking into account the fact that there is no particular recovery of damage.

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