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(영문) 의정부지방법원 고양지원 2021.01.22 2019고단3211 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 28, 2019, around 01:12, the Defendant: (a) expressed that the victim B purchases various kinds of weather-related containers in the Seocho-gu Seoul Metropolitan Government Distributiondong (hereinafter referred to as the “Seoul Seocho-gu Distributiondong”); (b) made by the victim B to contact the victim through the Kakao Stockholm opening room, and sent the video of the flag-related containers that had already been used by the victim, and (c) sold lebste pots.

“A false representation was made.”

However, in fact, the defendant did not possess the above equipment, and even if he received the payment from the injured party, he tried to use the equipment for the cost of living, but did not have the intent or ability to pay the above equipment to the injured party.

Nevertheless, the defendant deceiving the victim and received KRW 13,800 from the new bank account (E) in the name of D on the same day from the victim as above, and he was issued KRW 235,400 on July 11, 2019 by deceiving the victims, such as the list in the attached crime list, and received KRW 235,400 in total six times from three victims.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement in F, B, and G;

1. A remittance confirmation certificate, the details of each Kakao Stockholm conversation, and a certificate of each transfer confirmation;

1. Application of calendar Acts and subordinate statutes in the name of D (new E);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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 suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being punished several times for the same crime, all of the crimes in this case are recognized, and there is no record of being punished beyond the fine, and each defrauded is a relatively small amount, and the amount of defraudation is considered to have been returned to B and G, and other favorable circumstances are the defendant's age, sexual behavior, environment, and environment.

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