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(영문) 의정부지방법원 2014.12.11 2014고단3896
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, theft, etc. at the District Court, and on August 29, 2014, the Defendant completed the execution of the sentence at the Jeju Prison on August 29, 2014.

Around 01:00 on September 19, 2014, the Defendant: (a) visited the “C” bulletin board of the Internet NAVER C”; and (b) sent money to the victim by contact with the victim, the Defendant would have sold wheel chairss as if they were sold.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell wheel chairs to the victim.

The Defendant, as above, by deceiving the victim, received KRW 200,00 from the victim to the corporate bank account in the name of the Defendant around 07:30 on September 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a copy of official receipt and a statement of account transactions (corporate bank A E);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] general frauds (less than 100 million won) and scope of mitigation (one month to one year) (special mitigation factors) - Where considerable damage has been restored (the full amount of damage has been repaid to the victim) - When a person is under way: Imprisonment with prison labor for six months;

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