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(영문) 수원지방법원 안산지원 2018.04.26 2018고단171
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on November 20, 2017, appears to have interest in the Sinsi on the following occasions:

B. At the Defendant’s office located in No. 301, access to the NAV Internet Cafin country to sell “Sampims of Pyeongtaek Olympic Winter Commemoration.”

It is intended to send a 200,000 won to the victim C who posted a letter " and reported it," and sent it to the victim C.

“A false representation was made.”

However, the defendant did not have the above crowdfunding, and only planned to use the money for the cost of living by receiving the money from the injured party, and there was no other intent and ability to send the money to the injured party by acquiring the above crowdfunding.

Nevertheless, the Defendant: (a) by deceiving the victim and receiving KRW 200,000 from the victim’s account (D) in the name of the Defendant; and (b) by December 26, 2017, the Defendant received a total of KRW 654,000 from the victims on three occasions, as indicated in the list of crimes in the attached Table, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of C, E, and F;

1. Application of each written statement of transfer Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for the crime (the choice of imprisonment with prison labor, considering the fact that there has been any record of being sentenced to a fine four times for the same crime);

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. Article 62 (1) of the Criminal Act on the stay of execution (reasonable consideration, such as that there is a reflective error, that full amount of damage has been repaid, and that there is no record of punishment exceeding the fine);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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