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(영문) 의정부지방법원 고양지원 2014.04.17 2014고단315
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

1. On November 25, 2013, the Defendant posted a letter stating that “The Defendant sold a news KK (n, 27 years of age) with a NAV’s “Ninck Tra” on the bulletin board of the website of the Internet intermediate trading site,” and sent 1.40,000 won as the sales proceeds to the victim AK (n, 27 years of age) who contacted with the Defendant.

However, the defendant did not have the intention or ability to sell the above goods.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1,40,000 from the Defendant’s bank account (AL) under the pretext of the sales proceeds of the news Kink’s black cream.

2. On November 26, 2013, the Defendant posted a letter at any PC located in Ilsan-si, NAVER’s bulletin board, stating that the Defendant sent 183,000 won as sales proceeds to the victim AM (n, 28 years old) who contacted the PC.

However, the defendant did not have the intention or ability to sell the above goods.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 183,00 from the victim to the above account under the name of the sales proceeds of the said account.

Summary of Evidence

1. Statement by the defendant in court;

2. AK and AM's written statements;

3. Application of Acts and subordinate statutes on transfer certificates;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes;

2. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is the fact that the Defendant committed the instant crime under a similar veterinary method despite the past record of being punished as a crime of fraud, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and that the result of the crime was not significant when considering only the amount of damage, etc. are factors favorable to the defendant.

Furthermore, the sentencing revealed in the pleadings, such as the character, character, age and environment of the accused.

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