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(영문) 대구지방법원 김천지원 2017.02.09 2016고단1173
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 21, 2016, at around 18:06, the Defendant: (a) accessed the Defendant’s residence located in the Gumi-si B, which is the Internet trading site; and (b) posted a letter that the Victim C purchases D’s contact pockets; and (c) in fact, the Defendant deceiving the victim by sending it as if he did not have the intent or ability to sell the contact pockets; and (d) obtained 420,000 won from the damaged person’s account in the name of the Defendant to the Nonghyup Bank account in the name of the Defendant.

2. On July 26, 2016, at around 13:01, the Defendant: (a) accessed the Internet at the place specified in the foregoing paragraph (1) and posted a notice stating that the victim E purchases ice ice ice ice ice cooter by accessing the Internet’s trading site; and (b) did not have any intent or capacity to sell the ice cooter; (c) by deceiving the victim by sending the scene as if he did not have any intent or capacity to sell it, and then by deceiving the victim, from the victim to the Nonghyup Bank account in the name of the Defendant, the Defendant shall receive KRW 610,000 from the

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of each finance data, closure photographs (the Kakao Stockholm dialogue details) and statutes;

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria [type of determination] The types 1 (less than KRW 100 million) (person subject to special sentencing) and mitigation elements: Where considerable damage has been recovered (the scope of recommended punishment], one month to one year (the area of mitigated punishment).

3. The Defendant, who was sentenced to imprisonment with prison labor at the first instance court for the same crime, was detained in court and was released from the suspended sentence after considering the circumstances such as partial recovery of damage at the appellate court.

The crime before the above judgment becomes final and conclusive.

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