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(영문) 대전지방법원 서산지원 2018.07.18 2018고단129
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 1, 2017, the Defendant sold coo Electric Pressures, Co., Ltd., Ltd., to the Internet site gate in the Defendant’s dwelling in Jin-si B building B, 301.

“To sell 50,00 won or more to the victim C who reported and contacted the article by posting a letter to the effect that “accus electric pressure is to be sold in KRW 50,00.”

It is intended to send a foundation for the pressure of electricity through a door-to-face distribution of the proceeds.

“.....”

However, in fact, the defendant did not think of using money from the injured party as a living cost, so even if he received money, he did not have the ability or will to send the person with an electricity pressure normally.

Nevertheless, the Defendant received money from the injured party through a credit union account (Account Number D) in the name of the Defendant on the same day and received money from the injured party, and acquired money totaling KRW 705,000 by the same method between around that time and around September 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, E, F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to the details of each account transaction, each internal report (including attached documents), and each written statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Before Article 37 of the Criminal Act aggravated concurrent crimes: Provided, That Articles 38 (1) 2 and 50 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account all the circumstances of sentencing, including the Defendant’s age, sexual conduct, environment, and circumstances leading to the crime, such as the fact that the crime is bad in the form of a crime that impairs trust in the society with the reason of sentencing under Article 62-2 of the Social Service Order Act, the victims’ requests are not made, no effort is made to receive the victims’ statements, the victims’ compensation or agreement is made, and reflects the gender

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