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(영문) 수원지방법원 안산지원 2017.03.16 2016고단4605
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On September 1, 2016, the Defendant stated that “Around September 1, 2016, the Defendant would send 200,000 won deposited goods to the victim F, who reported and contacted the sales of the typ straw slick slick slick slick slick slick slick slick slick slick slick slicks.”

However, the defendant did not have the above standards, so there was no intention or ability to sell it to the victim.

At around 11:04 on the same day, the Defendant received 20,000 won in the name of the purchase price of goods from a national bank account (Account Number: G) under the name of the Defendant.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

On July 26, 2016, the Defendant posted a letter stating that he/she sells two of the washegs and two of the golf-backeds on the “D”, a medium-based online trading site, and reported it to the victim H, who had contacted with the Defendant, “200,000 won deposited and sent the main goods.”

However, the defendant did not have the above golf loans, so there was no intention or ability to sell it to the victim.

The Defendant received 200,000 won in the name of the national bank account (Account Number: I) in the name of the Defendant on the same day from the injured party, and from around that time to October 20, 2016, the Defendant enticed the victims by the same method six times, such as the list of crimes, and received a total amount of 1.29,000 won in the name of the price of the goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, H, J, K, L, M and N;

1. Inquiry into the results of transfer and application of Acts and subordinate statutes to each detailed statement of transaction;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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 Code of the Suspension of Execution (hereinafter referred to as the following):

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