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(영문) 서울중앙지방법원 2015.05.29 2014고단8811
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for criminal fraud, which became final and conclusive on December 5, 2014.

The Defendant, on July 3, 2014, posted an advertisement stating that he/she would sell public performance diskettes, KTX train tickets, and C public performance pocket tickets by accessing Internet NAVVER's Republic of Korea, and received 268,500 won from the victim D to his/her account in the name of the Defendant for purchase price of diskettes, etc.

From that time to September 19, 2014, the Defendant received a total of KRW 2,755,900 from 15 persons, such as the victim, etc., in the same manner as indicated in the list of crimes in the attached Table.

The Defendant posted a letter on September 17, 2014, stating that he/she would sell a performance pocket book, despite having no intent or ability to sell a performance pocket book, and then was transferred KRW 289,500 from the victim E to the new bank account (Account Number F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Each written statement of D, G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. A written complaint;

1. Application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Each of the instant crimes constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the sentencing guidelines do not apply.

2. Specific reasons for sentencing - Circumstances: the sum total of the amount taken out is not less than three million won;

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