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(영문) 인천지방법원 2012.11.29 2012고단10764
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

1. On February 29, 2012, the Defendant made a false statement to the effect that “The Defendant would pay the victim D the remainder of the installments and the usage fees following the change of the name in the trade and joint ownership system and the agreement to the victim D” in Guro-gu Seoul Metropolitan Government.

However, the defendant did not have the intent or ability to pay installments and charges after changing the name of the defendant even if he purchased Nowon, etc. from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, was issued by the victim one of the three North Koreas with the market value of KRW 800,000,000.

2. On March 21, 2012, the Defendant made a false statement to the effect that “The Defendant would make installment payments and usage fees following the agreement to change the name and make payments in the name of the victim F in front of the cross-disception trading hole in the vicinity of Bupyeong-gu Incheon Bupyeong-gu, Incheon.”

However, the defendant did not have the intention or ability to pay installments and charges after changing the name of the defendant, even if the defendant purchased a plaque from the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, was issued by the victim with a face value of KRW 900,000 at the market price on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to accusation, proxy, certificate of personal seal impression, and resident registration certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the confessions and reflects of the crime of this case, the amount obtained by deceit of the crime of this case, the amount of damage recovery, the fact that the defendant has a criminal record of the same kind, and other circumstances and conditions of sentencing as shown in the arguments of this case shall be determined by taking into consideration.

It is so decided as per Disposition for the above reasons.

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