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(영문) 춘천지방법원 2017.08.21 2016고단288
사기
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 8, 2015, the Defendant, at around 15:30 on August 15:30, 2015, sold from among the mobile phone companies in the new forest dong, and sold KRW 170,00 to the victim E in front of D in Gwanak-gu in Seoul Special Metropolitan City.

A false statement was made.

However, the defendant did not intend to sell a portable phone even if he was transferred to a portable phone from the damaged person.

As such, the Defendant immediately obtained from the injured party the amount of KRW 170,000 from 10,000 to 170,000,000 owned by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as mobile phone photographs;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the defendant did not agree with the victim, and the defendant committed a false trial due to the unknown whereabouts for a long period of time. However, the defendant is considered as a factor for sentencing favorable to the defendant, taking into account the fact that he/she has been a minor of the side, that he/she has no record of criminal punishment, that he/she has no record of criminal punishment, and that the amount of damage is a relatively small amount of damage, and taking into account all other circumstances, such as the defendant’s character and behavior, environment, motive and background of the crime, and the circumstances after the crime, etc.

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