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(영문) 수원지방법원 2015.01.12 2014고단5631
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, in the absence of an intention or ability to trade a heavy mobile phone, made a false statement to C, a mobile phone dealer, who is a mobile phone, by posting a phone on January 1, 2014, stating that he/she is “to give a heavy and high-speed cell phone,” and that he/she acquired money from the victim by deceiving the victim of KRW 1,350,000 in cash.

2. On January 2, 2014, around 08:10 on January 2, 2014, the Defendant: (a) committed theft in a victim E-Operation (F) G mobile phone store located in E-Operation (F) where he works as his employee; (b) 18 mobile phones equivalent to the total market value of the victim’s ownership; (c) 2 mobile phones located in the market and 200,000 cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Copies of passbooks; and

1. Application of each statute on photographs;

1. Relevant legal frauds against criminal facts: Article 347 (1) of the Criminal Act; Article 329 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act: The scope of the final sentencing due to the increase in the number of concurrent offenders who are not subject to punishment (type 4) of Type 1 (less than KRW 100 million), the mitigation area (less than KRW 100,00), the mitigation area (one month to one year), the exemption area of punishment, or the recovery from considerable damage (the scope of recommendation), the second crime (the scope of larceny) [the scope of recommendation] the special mitigation area (two months to ten months), the special mitigation area (the special mitigation area) of category 2, the special mitigation area (the special mitigation area), and the scope of the final sentencing due to the increase in the number of concurrent offenders who are not subject to punishment: the comparison of the punishment and the recommended punishment for two months to fifteen months (the decision of sentencing) shall be determined within the scope of the recommended punishment set forth in the sentencing guidelines, and the execution of the punishment shall be suspended for a certain period of time.

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