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(영문) 대구지방법원 2017.06.15 2017고단2013
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 13, 2017, the Defendant, as to the victim B, connected to the Internet Neber’s “Neman’s Self-Support Living Center for Juveniles” located in Daegu Northern-gu around 51:0,00, to the Internet Neber’s car page, and 2.2.2 pop-up opening of a new product.

The phrase “to send earphones upon deposit of money” was posted and reported to the victim B.

However, the Defendant did not have any earphone at the time and did not have any intention or ability to send earphones even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, received 22,00 won from the Korean bank account (Account Number: C) in the name of the defendant on the same day from the victim, and acquired it by remittance.

2. The Defendant made a false statement to the victim D, at the time and place described in paragraph 1, stating that “The Defendant would deposit money to the victim D who reported and contacted the writing posted on the Internet NAV “S” camera.”

However, the Defendant did not have any earphone at the time and did not have any intention or ability to send earphones even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, received 22,00 won from the Korean bank account (Account Number: C) in the name of the defendant on the same day from the victim, and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to a closure photograph of the sign language and a certificate of deposit transaction;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that there is no basic area (6 months to one year and six months) (the period from six months to one year) (the period from one year and six months) (the decision of sentencing] of Article 62(1) of the Criminal Act.

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