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(영문) 인천지방법원 2013.11.28 2013고단7166
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

1. On August 11, 2013, the Defendant posted a notice on August 1, 2013, in Seo-gu Incheon, Seo-gu D, 3 B03 (EBC) on the NAF bulletin board, and falsely read that “The Defendant would deliver the television to the victim C who contacted with the notice.”

However, even if the defendant receives the price, he did not have the intention or ability to sell the goods to the victim.

Nevertheless, the Defendant was issued KRW 300,000 from the victim.

2. Around August 22, 2013, the Defendant posted a notice stating that he/she sells options LTE2 Handphones on the NAF bulletin board at Seo-gu Incheon, Seo-gu, Incheon, 3 B03 (EB) around August 22, 2013, and falsely read that “the Defendant will deliver Handphones at the time of remittance of the price” to the victim G who contacts with the victim.

However, even if the defendant receives the price, he did not have the intention or ability to sell the goods to the victim.

Nevertheless, the defendant was given 10,000 won from the victim.

3. On August 22, 2013, the Defendant posted a notice on August 22, 2013, in Seo-gu Incheon, Seo-gu D, 3 B03 (EBC) on the NAF bulletin, and false statement was made to the victim H, who contacted with the notice, stating that the Defendant would deliver the money to the victim H.

However, even if the defendant receives the price, he did not have the intention or ability to sell the goods to the victim.

Nevertheless, the defendant was delivered 290,000 won by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of G, H and C

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

1. Article 62(1) of the Criminal Act provides that the defendant is led to a crime and is against the law, the victims and the defendant shall be punished by a fine.

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