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(영문) 부산지방법원 2016.04.06 2015고단4705
사기
Text

A defendant shall be punished by imprisonment for six 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

On May 2, 2015, the Defendant sold a golf seed pool on the Internet NAV bulletin board of the “China High Republic of Korea”.

After posting a letter to the effect that “the golf bond sets are sold in 200,000 won,” the victim C who reported this paper to the Defendant and contacted with the Defendant will send the said golf bond sets to the victim C.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, there was no intention or ability to send the above golf loans even if the price of the goods is remitted from the injured party.

The Defendant received KRW 200,000,000 from the injured party for the same day as the price for the goods in the same day, and received KRW 1,100,000 from around that time to May 4, 2015 by deceiving the victims by the same method five times in total, such as the statement in the list of crimes in attached Form.

Accordingly, the defendant deceivings victims to acquire property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. Application of the Acts and subordinate statutes on photographs by cutting down the details of each deposit and withdrawal (one copy of the inquiry into the results of transfer), a photograph of a Kakao Stockholm course after cutting down the course of a medium country and cutting down the course of transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation Order [the scope of sentence for recommendation] [the scope of sentence] under Article 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, there is no [the person subject to special sentencing] [the person subject to special sentencing] [the crime of this case]. The crime of this case also has the record of having received juvenile protective disposition several times as the same crime.

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