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(영문) 수원지방법원 2020.06.05 2020고단969
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 2019, the Defendant stated that “The victim C, etc., who is the workplace partner of B, through the same kind of neons, worked in the Kakakao Pacific room where the victim C, etc., was a dialogue, may purchase home appliances at a low price on the special market.” The Defendant concluded that he/she would be able to purchase home appliances at a low price on the special market. If he/she deposits the price for home appliances.”

However, in fact, the defendant did not have a working person for the D company, and the price for the goods received from the victim was thought to be used to repay his/her personal debt, so even if he/she received the price from the victim, he/she did not have the intention or ability to purchase the provisional goods.

Around October 25, 2019, the Defendant received KRW 600,000 from the victims, as indicated in the list of crimes, a total of KRW 7,955,00 from the victims, from the time to November 8 of the same year, a transfer of KRW 60,000 to the bank account under the name of the Defendant, for the use of the price in Nowon-gu, from the victims.

Accordingly, the defendant acquired property by deceiving victims.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each police statement statement to E, F, C, G, and H to each police officer's statement, the contents of each Kakakao Stockholm conversation, the statement of withdrawal, each transfer result confirmation, a certificate of remittance results, a certificate of remittance confirmation, a certificate of remittance confirmation, and a statement of remittance (suspect A);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order is not such crime as deceiving the victims and deceiving them total of 7,950,000 won.

In addition, the defendant has been punished several times for the crime of fraud (including the previous convictions of suspension of execution), and on October 15, 2019, the defendant was punished by a fine of three million won for the crime of fraud of the same veterinary act.

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