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(영문) 인천지방법원 2013.08.20 2013고단2808
사기
Text

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

Reasons

Punishment of the crime

On December 2, 2011, the Defendant made a false statement to the victim J in the coffee shop located in Mapo-gu Seoul, Mapo-gu Seoul, stating that “The Defendant would pay the price within one month for the delivery of cosmetics.”

However, the Defendant, at the time, did not pay approximately KRW 40 million and did not have the intention and ability to pay the price normally because he was actually named as “defensive.”

The Defendant, as above, by deceiving the victim, received 2,849 cosmetics equivalent to the sum of 60,011,655 won, including 10,01,655 won, from the “L” office where the Defendant in Gwanak-gu, Seoul Special Metropolitan City worked for the Defendant, at around that time, 240,075 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on transaction statements;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment [the circumstances favorable to the defendant] that the defendant led to confession and reflects the fact of the crime, and there is no criminal record of the same kind (the circumstances disadvantageous to the defendant], and

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