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(영문) 창원지방법원 2016.05.12 2016고단601
사기등
Text

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

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

Reasons

Punishment of the crime

1. Larceny;

A. On November 17, 2015, the Defendant, from around 02:00 to around 02:00 on November 17, 2015, committed the crime, at C alcohol house located in Sungwon-gu, Sungwon-si B, Sungwon-si, Sungwon-si, a worker, and at the victim D, while working as an employee, he stolen Samsung 6 NAV-based mobile phone coloring in an amount equivalent to one million won at the market price of Samsung Gallon, which was set on the tables.

B. On December 1, 2015, the Defendant committed the crime, from around 04:00 to around 05:00 on December 1, 2015, at the place indicated in paragraph 1 (a) between around 04:00 to around 05:0, and at the place indicated in paragraph 1 (a) between the victim E, the Defendant stolen the Defendant with one Samsung Gallon cell phone equivalent to one million won at the market price of the victim E, which was set on the table.

2. Fraud;

A. On November 23, 2015, the Defendant, on November 23, 2015, made a false statement to the effect that “H, an employee, would sell a heavy cell phone (e.g., S6 and NA color) in the name of the Defendant in the name of the Defendant, from among G market A, which is located in Sungwon-si, Sungwon-si, Sungwon-si, G market A 246, a heavy cell phone purchaser, “H,” which is an employee.

However, the fact that the above mobile phone is not a mobile phone under the name of the defendant, but a mobile phone with the defendant's theft as stated in the 1-A. The defendant could not sell it normally.

The Defendant received KRW 200,000 from the I to the Agricultural Cooperative (K) account in the name of the Defendant, which is owned by the victim J on the same day as the mobile phone purchase price.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 14, 2015, the Defendant, at around 00:00 on December 14, 2015, made a false statement to “I, an employee, sells a heavy cell phone ( S6, chemical color) in the name of the Defendant in the name of the Defendant at around 00:0 on December 14, 2015.”

However, the above fact is not a mobile phone under the name of the defendant, but a mobile phone No. 1-B. The defendant could not sell it normally with a stolen mobile phone.

The defendant used 200,000 won, which is owned by the victim J as the price for the mobile phone purchase from I on the same day.

The money was remitted to the Agricultural Cooperative (M) account in the name of L.

Accordingly, the defendant is the victim.

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