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(영문) 인천지방법원 부천지원 2014.05.02 2014고단269
사기
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A defendant shall be punished by imprisonment for not less than eight 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

[2014Kadan269] Even though the Defendant did not have the intent or ability to sell the goods, the Defendant advertised to sell the “losting crowdfunding” on the smartphone opening box around December 10, 2013, and reliance on it received 2,90,000 won from the victim B to the company bank account (C) in the name of the Defendant in the name of the Defendant as the price for the goods, and acquired 2,610,000 won in total on eight occasions from the above date to the 22th of the same month from the above date to the same day.

[2014 Highest 611]

1. On December 31, 2013, the Defendant advertised that he/she sold “NoSpan Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span Span, D apartment 209 Dong 1703, the Defendant’s residence

However, in fact, the defendant did not have the above clothes, and there was no intention or ability to deliver them.

Nevertheless, the Defendant received a proposal from the victim E to exchange the clothes above with the “Aer Sicker Preamer,” and received the “Aer Sicker Preamer” owned by the said victim, by sending the above clothes with cash of KRW 80,000,000 and actually sending other clothes.

2. On February 12, 2014, the Defendant advertised that he/she sells “NoS Span Span Span City Spanish Spanish Holdings” in the same manner as indicated in the preceding paragraph at the Defendant’s residence, and suggested that the victim F, who believed to purchase the clothes, would purchase the clothes. When sending the clothes, it would be false as if he/she sent the clothes, and then, he/she was remitted KRW 230,000 from the victim F to the Agricultural Cooperative (G) account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, J, K, and E;

1. Application of each statute of L, M, B, N, and F;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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