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(영문) 서울동부지방법원 2016.09.29 2015고단4039
사기
Text

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

Reasons

Punishment of the crime

On January 14, 2012, the Defendant introduced C to a victim who was aware of a merchandise coupon purchase office worth KRW 25 million from B, and made it possible to purchase merchandise coupons worth KRW 30 million with a card in the name of another person on the face of cash.

“A false representation was made.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to purchase gift certificates equivalent to KRW 30 million.

As such, the Defendant, by deceiving the victim, transferred KRW 25.6 million to the Defendant’s mother-friendly D account, in total of KRW 16 million and KRW 2,5.6 million on January 17, 2012.

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading;

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

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and June, the basic area (up to one year and six months) of Class 1 (up to one year and six months) - None of the persons subject to special sentencing:

2. The fact that the Defendant, who was sentenced to a sentence, obtained by deception 25.6 million won from the injured party but failed to recover damage for a long time, did not comply with the demand of an investigative agency to attend a meeting, avoided liaison and runs away in the trial proceedings, and that the criminal records subject to punishment for fraud and a crime of double-class are possible are disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no criminal history above the suspended sentence is favorable.

The punishment shall be determined as ordered by comprehensively taking account of the conditions of sentencing as shown in the trial process of this case, such as the above various circumstances, the age, sex, and circumstances before and after the crime.

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