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(영문) 수원지방법원 안양지원 2014.12.30 2014고단1387
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 18, 2013, the Defendant released 10,000 chip chip (one hundred thousand model name K524G2GGI-B050 and five hundred thousand model name K524G2GCH-B50, each model name), which is a part of Samsung electronic mobile phone, to the victim C at an influent place located in the Manan-gu Manan-gu Manan-gu Manan-si, Anyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annan-si, Anneosung-si, Annan-si, Annan-si, annuri-si, a part of which is a part of the Samsung electronic mobile phone.) to the victim C, until July 18, 2013. The product is about to bring about each other on the part of the product.

However, the defendant did not receive the above chip from the Samsung Electronic Doz, and even if he received money from the victim, he did not have the intent or ability to ask the victim for the above chip within the above period.

Nevertheless, the Defendant, as above, by deceiving the victim, received a total of KRW 30 million from the victim, including KRW 15 million on July 10, 2013 and KRW 15 million on November 11, 201 of the same month from the vicinity of the Yeongdeungpo-gu Office located in Yeongdeungpo-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement C and D of each protocol of examination of suspect about C by the prosecution;

1. A copy of a sales contract (number 5);

1. Application of Acts and subordinate statutes on the details of receipt of text messages from mobile telephones (No. 6);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime of this case for the reason of sentencing of the defendant as to the punishment of the crime of this case, the crime of this case by deceit amounting to 30 million won, and the nature of the crime is not easy, and the method is also appropriate for the crime of this case.

In addition, if the defendant was guilty of fraud who received a fine of KRW 3 million in 2007, and the defendant was placed in a situation where the defendant could not seek chip as promised by the victim, and the above money should not be returned to the victim, and if the defendant returned the money to the victim, it is not possible to continue the transaction with the first Doz company.

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