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(영문) 전주지방법원 2014.05.08 2014고단591
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

Because of economic difficulties, the defendant had no intent to pay the price even if the defendant purchased the scrap, etc. from the victims, and was thought to use it as his/her own living expenses, etc., but he/she thought to receive the scrap from the victims.

1. On April 3, 2011, the Defendant, on April 3, 2011, through a false statement, at the victim WW’s house located in Kim Jong-si on April 3, 2011, the Defendant: (a) concealed the aforementioned circumstances; (b) fraudulently, “If he/she sells the iron to B in high water, he/she will make the next 200,000 won; and (c) acquired it by deception from the victim.”

2. On April 6, 2011, the Defendant, at the house of X victim X Y on Kim Jong-si, on April 6, 2011, concealed the aforementioned circumstances, and fraudulently acquired the Defendant, “If he/she sold the horse to B in high water, he/she would sell it to B, the price of KRW 1 million will be the next day.” The Defendant acquired it from the victim the horse at a price of KRW 1 million equivalent to the market price.

3. On July 20, 2011, the Defendant, at the home of the victim AA located in the Z in Kim Jong-si on July 20, 2011, falsely speaking, “B shall change B the mother box for 30 days to the mother box for 10 days within a week at the seat of 10 days” to the victim with the concealment of the above circumstances, and then, the Defendant acquired 5,000 boxes from the victim with the total market value of 30 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to AB, AC, and A;

1. A criminal investigation report and evidential materials attached thereto;

1. Application of the Acts and subordinate statutes to the head of each complaint, the video photograph of the defendant and family relation certificate;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. From among concurrent crimes, the circumstances favorable to the defendant include the fact that the defendant made a confession of the crime of this case and reflects in depth the mistake, and that the amount of damage is not significant, by examining the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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