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(영문) 서울서부지방법원 2015.11.05 2015고단2299
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 May 25, 2015, the Defendant published a letter that to sell toyss to Internet NAVER in the Defendant’s residence located in Mapo-gu Seoul, Mapo-gu.

However, the defendant did not possess toys to sell, and did not have intention or ability to sell.

On June 8, 2015, the Defendant posted a false sales advertising report as above, and deceiving the victim C, thereby receiving KRW 20,000 from the said victim as the toy price, and received KRW 28,000 from the victim E on June 8, 2015, KRW 55,000 from the victim F on the 10th day of the same month, and KRW 40,000 from the victim G on the 13th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Application of relevant Acts and subordinate statutes of C, F, G, and E of each of their respective appeals and statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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