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(영문) 부산지방법원 2016.04.15 2016고단852
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 3, 2016, the defendant was sentenced to imprisonment with prison labor and a fine of 1 year and 2 months and a fine of 300,000 won at the Busan District Court and is still pending in the appellate trial.

On May 10, 2015, the Defendant: (a) written a notice stating that he/she will sell a motor vehicle by accessing NAV to a foreign Internet car page in the vicinity of the Seongbuk-gu, Seocheon-gu, Seocheon-gu; and (b) would deliver the goods upon deposit with the victim CD who contacted to purchase the same.

A false statement was made.

However, even if the defendant did not own the baby at the time and received the payment from the injured party, he did not have the intention or ability to send the baby to the victim.

As such, the Defendant, by deceiving the victim, received 280,000 won from the victim to the new bank account (P) in the name of the O.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Application of Acts and subordinate statutes on the authenticity and statement of CDs, the Kakao Stockholm dialogue, and deposit details;

1. The sentence of imprisonment is to be imposed, taking into account the following factors: Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act regarding the crime; the record of the defendant’s criminal reason for the sentencing of imprisonment with prison labor; and the fact that the defendant was unable to recover from damage; and the time when committing the crime

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