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(영문) 대전지방법원 2016.11.02 2016고단2712
사기
Text

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

Reasons

Punishment of the crime

On August 23, 2014, at around 16:11, the Defendant posted a letter stating that “galthot three galthot is sold” on the Internet NAVV Gain in the PC located in Daejeon Dong-dong-dong, Daejeon, and received 3.80,000 won from the victim AC who believed that it was transferred through an account in the name of AD.

However, even if the defendant received the sale price of gallonian 3, he did not have the intention or ability to send it to the victim.

As such, the Defendant, including the deception of the victim and the deception of 3.80,000 won, from that time;

9. Until December, 12, a total sum of 90,000 won was remitted from four victims in the same way as shown in the attached list of crimes, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AD by the police;

1. Each written statement of AC, AE, AF, and AG;

1. Each deposit certificate;

1. Application of Acts and subordinate statutes to evidential data upon closure;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Among concurrent crimes, there is a record of being sentenced several times to a fine for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the nature of the crime is not good in light of the Criminal Code, the victims' damage has not been recovered, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime;

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