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(영문) 서울동부지방법원 2018.05.09 2018고단582
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2017, the Defendant posted a letter to sell gallon Nos 5 on the Internet net and on the national website, and reported it to the victim B, who called “to send gallon 5 Nos. 5 on a gallon if he transfers the price to the victim B.”

However, even if the defendant receives money from the injured party as the price for the goods, he did not have the intention or ability to sell it.

As such, the Defendant, by deceiving the victim, received KRW 83,00 from the injured party to the Agricultural Cooperative Account (C) in the name of the Defendant, and by deceiving three victims through the same method three times as shown in the attached crime list on the same day, and by deceiving three victims through the same method, received total sum of KRW 249,000 from the victims, and acquired them by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the documents filed by B, D, and E;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The defendant committed each of the crimes of this case by repeating the fact that he had been punished five times by a fine for the same crime; the defendant was unable to receive a letter from the victims; the damage of the crime of this case is minor; the defendant has no record of being punished by a suspended sentence or more; the above circumstances and the sentencing conditions specified in the trial process of this case, including the defendant's age, sex behavior, and circumstances after the crime, shall be determined as ordered by taking full account of the following factors:

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