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(영문) 서울중앙지방법원 2017.04.24 2016고단3249
사기
Text

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

Reasons

Punishment of the crime

On September 2014, the Defendant first met at the victim B and the Internet C Caf, and conspired from October 2014, 2014, and tried to acquire money from the damaged person under the pretext of purchase of tugboats.

On October 12, 2014, the Defendant: (a) around October 12, 2014, at the E department store 1st floor F located in Jung-gu, Seoul, the Defendant placed in the store a half of towing items with the victim; and (b) “In marriage, the Defendant paid a down payment intending to sell a gift e-mail vehicle; and (c) 3rd foot.

C. Mmond's Republic of Korea left the world on bail.

It said that the gift gift to B is "abre to present their sex by gifts."

However, the defendant had no intention to marry with the victim, and there was no order from the victim or the victim's vehicle.

As such, the Defendant, by deceiving the victim, received 10,000,000 won from the damaged person to the national bank account in the name of Chokdong, at the expense of purchasing and forecasting the counter-refluences on October 14, 2014. From October 14, 2014 to April 8, 2015, the Defendant acquired 29,030,000 won in total on 33 occasions under the name of purchase cost, living cost, etc. of the items as shown in the separate crime list, such as the statement in the separate crime list.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police against B;

1. Complaint;

1. Application of statutes on financial transaction details;

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

1. On the grounds of sentencing of selective sentence of imprisonment with prison labor, the sentence shall be determined as ordered within the scope of the recommended sentence (from June to June) by taking full account of the various circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., within the scope of the sentencing (from June to June) of the basic area of type 1 (less than KRW 100,000) among the general frauds in the sentencing guidelines.

On the premise of an unfavorable normal marriage, several times are made against the victim who has ever attended.

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