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(영문) 서울중앙지방법원 2014.07.24 2014고단2836
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 1, 2014, around 04:26, the Defendant told the victims E who met through the Internet hosting site at the D Hotel 209 room located in Gangnam-gu Seoul, Gangnam-gu, Seoul to the effect that “The Defendant will have sexual intercourse with KRW 200,000.”

However, the facts indicate that the defendant was sexual intercourse to raise living expenses, and there was no intention to have a real sexual intercourse.

Nevertheless, the Defendant, by deceiving the victim as such, received 200,000 won from the victim, namely, in the face of the victim, and acquired it by fraud.

2. Larceny;

A. The Defendant, at the date, time, and place mentioned in Paragraph 1, stolen the victim’s cash owned by the victim and 9.50,000 won from the victim’s creshes, who were suffering from the creshes inside the toilet by taking advantage of the creshes that the victim E entered in the toilet.

B. On April 25, 2014, at around 21:00, the Defendant stolen the Defendant’s cash 3.50 million won in the victim’s possession, who was suffering from the Defendant’s clothes, by taking off the wall from the part of the victim’s gate, which was suffering from the rest in the toilet by using the Internet hosting site at 603 Gamoel located in the F 603 window of Changwon-si, Changwon-si.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Statement of the police statement of E;

1. Statement of e-mail statement to H;

1. Application of Acts and subordinate statutes to each investigation report (victim H and E telephone statement hearing);

1. Relevant Article 347(1) of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts: Selection of imprisonment with prison labor for each type of crime;

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 (including the circumstances, etc. explained in the reasons for sentencing) of the suspended sentence of crimes No. 2 (Fraud) with no basic area (one to one to one to six months) (one to six months) (one to one to six months), the basic area (one to six months) of the larceny in general property.

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