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(영문) 서울중앙지방법원 2013.09.26 2012고단6523
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 12, 2012, the Defendant made a false statement to the victim of E music operated by the victim D in Seocho-gu Seoul Metropolitan Government, stating that “F will deposit money with the victim “I will pay money from the owner of the article in order to want to purchase the intra-party F’s active activity.”

However, in fact, F did not have any intention to purchase flin and vitality, and the defendant only thought that flins received from the victim as collateral was used as living expenses, etc., and did not have any intention or ability to pay flins to the victim.

Nevertheless, the Defendant received from the victim two 13,50,000 won plus 1,50,000 won.

2. Around May 2, 2012, the Defendant received, at the above place, one of the following methods: “Around May 2, 2012, the Defendant was issued to the victim with a false statement that “I would have to deposit money from G if I would want to purchase the goods.”

3. On May 7, 2012, the Defendant received each one of the following delivery from the I musical engineer located in Seocho-gu Seoul Metropolitan Government H, stating that “I would want to use her fransh as a siren for one month, and would sell her fransh to be used by J for one month,” and that “I will sell her fransh in the way to be used by her fransh,” and that the Defendant would sell her fransh amounting to 15 million won.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Complaint;

1. The Kakao Stockholm content of the complainant and the defendant;

1. Application of each receipt statute;

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

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code among concurrent offenders [decision of the type] The reason for the sentencing of Article 38 (1) 2 and Article 50 of the Criminal Code (decision of the type] shall be less than KRW 100 million [the scope of recommendations] six months] - one year and six months [the treatment of multiple crimes] six months] - three years and five months [decision of the sentence]

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