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(영문) 인천지방법원 부천지원 2014.10.17 2014고단2208
사기
Text

A defendant shall be punished by imprisonment for four 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

The defendant did not have an intention or ability to sell computer traffic cards and computer parts stated in the advertisement that he would sell them.

Nevertheless, the Defendant:

1. On October 3, 2013, a notice posted an advertisement to the effect that a computer traffic card is sold in the domicile of Kimpo-si B, Kimpo-si, Kimpo-si, and that it is transferred KRW 1.40,000 from the victim C for a price;

2.On the same date, time and place as described in paragraph 1, a notice posted an advertisement stating that computer parts are sold on the Internet car page as described in paragraph 1, and on the same date, it receives 140,000 won from the victim D as the price;

3. A notice on October 13, 2013, posted an advertisement to the effect that a computer traffic card is sold on an Internet camera, such as the statement in paragraph 1, at the same place as that described in paragraph 1, and that it is, in turn, remitted KRW 1.30,000 from the victim E for a price;

4.On the same date and time as described in paragraph 3, a notice posted an advertisement to the effect that computer parts are sold on the Internet car page, such as described in paragraph 1, at the same place as described in paragraph 3, and it receives 130,000 won from the victim F for the price;

5. Around October 15, 2013, at the same place as the statement in paragraph 1, posted an advertisement stating that a computer traffic card is sold on the Internet camera, such as the statement in paragraph 1, and then received KRW 130,000 from the victim G in return for the payment.

Accordingly, the defendant deceivings the victims, received a total of 670,000 won from the victims, and acquired them by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of C, D, E, F, and G;

1. Application of Acts and subordinate statutes to deposits;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

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