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(영문) 울산지방법원 2016.06.24 2016고단220
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 October 6, 2015, the Defendant visited the victim D, who posted a notice to the effect that “I wish to purchase a middle and high smartphone at gallon 6 jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum 2.70,000 won in cash, and first send money.”

D. The phrase “ .....” was false.

However, in fact, the defendant did not own a 6-way mobile phone at the time, and even if he received the price from the injured party, he did not have any intention or ability to sell the 6-way mobile phone to the injured party.

The Defendant received KRW 270,00 from the victim’s bank account (E) in the name of the Defendant on the same day, and received KRW 2,40,000 from the victims, including from November 16, 2015 to November 16, 2015, total sum of KRW 2,40,000 from the victims, such as the victim D, etc., on seven occasions in total, as indicated in the attached crime list.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appeal and written statement;

1. Requests for cooperation in investigation, and application of Acts and subordinate statutes reporting investigation;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 25(1), 31(1), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Compensation and Declaration of Provisional Execution [the scope of recommending punishment] There is no person who has a special sentencing [the period from June to January] in the basic area (the period from June to June), (the period from June) (the period from June to June), [the sentence] under the circumstances below, and other conditions of sentencing as shown in the instant case, including the Defendant’s age, sexual behavior, environment, motive, means, method, and consequence leading to the instant crime, and the circumstances before and after the instant crime.

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