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(영문) 대구지방법원 2017.12.07 2017고단5472
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2014, the Defendant was aware of his knowledge in the mutual infinite coffee shop in Jongno-gu Seoul, Jongno-gu, Seoul.

D There are five 1 kg alleys attached to the Hall of Seoul Metropolitan Area.

One of them will be sold on the face of 40 million won in cash.

“Along on June 1, 2014, the above D shows the dud picture sent by the Defendant to the victim E before the endline of subway No. 1 in the Jongno-gu Seoul Metropolitan Government real-dong on or around June 1, 2014, and it is intended to immediately purchase the dud bar on the face of “40 million won.”

“.......”

However, at the time of fact, the Defendant did not have a certain amount of income and had a debt of 3 to 400 million won, and had been aware of the Alley.

F was in the state of being entrusted to F as security, and the F demanded 65 million won at the return expense of the 1kg, so even if the above 40 million won cannot be recovered, even if it receives money from the injured party for the purpose of the purchase price, it did not have the intention or ability to sell it to the injured party.

The defendant deceivings the victim through D on June 5, 2014, and caused the victim to transfer KRW 40 million to the Agricultural Cooperative Account (Account Number G) in the above name D around June 5, 2014, and received the above KRW 40 million from D to the post office account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. Statement made by the police for E;

1. Each investigation report (Binding a suspect A submitted statement of transactions, etc.);

1. Application of Acts and subordinate statutes to a trade statement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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

1. The following circumstances are considered in light of the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act. A variety of arguments in the instant case, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, circumstances after the crime, etc.

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