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(영문) 인천지방법원 2015.12.23 2015고단3815
사기
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

On June 18, 2015, the defendant was sentenced to a suspended sentence of imprisonment for four months at the Incheon District Court for fraud, and the above judgment became final and conclusive on the 26th of the same month.

Around January 11, 2015, the Defendant reported a letter to the effect that the Defendant “to purchase an automobile stacker,” posted on the next car page (C),” and contacted the victim by telephone, and then deliver the goods to the Defendant using the phone after checking the payment.

The term "the expression was false."

However, even if the defendant received goods from the victim in advance, he did not have any intention or ability to deliver the goods at home as the promise.

As such, the Defendant, by deceiving the victim, received KRW 20,00 from the victim to the single bank account under the name of the Defendant on December 26, 2014 to May 5, 2015, and acquired the money by deceiving KRW 2,763,00 on a total of 21 occasions from around December 26, 2014 to May 5, 2015, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. W, G, H, I, J, K, L, M, N,O, P, Q, S, T, U, V, and W, each written statement;

1. Previous convictions in judgment: Application of criminal records, references to criminal records, investigation reports (a) and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria: No application of the sentencing criteria shall be made in the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act;

2. Determination of sentence: Imprisonment with prison labor for six months and a two-year suspension of execution against many unspecified victims, and the crime of this case is deemed to have been committed again after being investigated by an investigative agency with respect to the criminal facts in the previous conviction in the judgment, and thus, the liability for such crime is not minor;

However, this case.

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