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(영문) 광주지방법원 2016.12.22 2016고단3698
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant made a false statement that he would sell a ice tower computer to the victim B (the 34 years of age, South) on the Internet Niberian website at the Internet Nenena site.

On December 4, 2013, the Defendant made a false statement that he would sell smart TV to the victim C (the 42 years of age, South) at the same place.

On December 6, 2013, the Defendant made a false statement that he would sell LG TV to the victim D (the 43 years of age, South) at the same place.

However, the defendant did not intend to sell the above articles to the victims.

The Defendant, by deceiving the victims, received 60,000 won, 670,000 won, 6770,000 won, 19,000 won, and 19,000 won, respectively, from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. The application of Acts and subordinate statutes to a complaint, a written statement, a statement, a statement of deposit and withdrawal transactions, a written petition, a receipt for account transfer, and a certificate of transfer (Evidence Nos. 19, 20, 21, 22, 33, 36, 37)

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The mitigation area of types 1 (less than KRW 100 million) (one to one year) of the general fraud [the victim] [the scope of final sentencing due to the aggravation of multiple crimes in case where there are considerable responsibility for the occurrence of crimes or the expansion of damage: one month to one year and one year: [the decision of sentencing] of January to one year [the decision of sentence] of October in case where the defendant is in depth, while the case is not heavy, the number of criminal records discovered as a crime of fraud and the punishment for the defendant was only 12 times, and most of the criminal offenses were committed in the same way as this case, and it is inevitable to punish the defendant.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.

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