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(영문) 의정부지방법원 고양지원 2017.03.17 2017고단276
사기
Text

A defendant shall be punished by imprisonment for six 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

On June 2, 2016, the Defendant made a false statement to the effect that “The Defendant would send 450,000 won as wheel chairs immediately if she sent her wheel chairs to her home,” on the victim’s bulletin board, D Manman 802 Dong 1106, the Defendant’s dwelling place of the Defendant, which is the Defendant’s dwelling place, and NAV, “The Defendant will send her home wheel to her home if she sent her KRW 450,000.”

However, the defendant did not have the wheelchairs of a motor vehicle so that he did not have any intention or ability to sell the wheelchairs of a motor vehicle to the victim.

The Defendant, by deceiving the victim as such, received 450,000 won from the victim’s new bank account (F) in the name of the Defendant for the same day as the sale proceeds, and received from the victim to January 20, 2017 the sum of KRW 5,53,000 as the sale proceeds in the same manner as in the list of crimes in the attached Table from January 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the victims' statements and the police statements protocol to G;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 (the following grounds shall be considered in consideration of the amount of punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended in sentencing guidelines] The basic area (six months to one year and six months) of types 1 (the sentence of less than 100 million won) [the sentence] [the sentence of imprisonment] was committed in a similar manner despite the previous conviction of the same kind of fine, and the amount of the same crime was committed at the same time, and the amount of social transaction expense was increased by damaging the trust of small Internet transactions among individuals, and the circumstances favorable to the occurrence of multiple individual victims: the defendant was detained for a certain period and was committed against the victims or discharged the amount of damage.

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