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(영문) 부산지방법원 동부지원 2016.12.14 2016고단455
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2015, the Defendant posted a false statement on the Defendant’s residence located in Suwon-gu, Busan, using his/her mobile phone to “aphone 6 mobile phone sales” and “aphone 6 mobile phone sales”. The Defendant posted a false statement on “aphone 6 mobile phone sales” to the victim D, who expressed his/her intent to purchase the phone.”

However, since the defendant did not have the above mobile phone, even if he received the above money from the victim, he did not have the intent to send the above goods as the promise.

As such, the Defendant received a total of KRW 10,440,00 from 22 victims as shown in the attached Table of Crimes, from the time when he/she received KRW 200,00 from the victim to his/her own account (Seoul Bank E) for the consideration of goods, from the time on January 6, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Each statement of G, H, I, J, K, L, M, N, P, Q, R, T, T, U, and V

1. Application of Acts and subordinate statutes on investigation reports (attached account details);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act with regard to the suspension of execution (i.e., the fact that the defendant has no criminal record, the fact that the defendant is a youth of 19 years of age, and the fact that he/she is living faithfully);

1. Probation under Article 62-2 of the Criminal Act;

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