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(영문) 인천지방법원 2018.01.10 2016고단8400
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 21, 2016, the Defendant, having access to a shopping mall, a trading site on the Internet, posted a notice on “sale of gallon a7 Handphones” on the bulletin board, and reported and contacted the above writing to C, who sent the goods to the victim C.

“A false statement” was made.

However, in fact, the defendant did not send the above Handphone to the victim, but did not have the intention or ability to send the above Handphone to the victim even if he did not wish to use it.

The defendant deceivings the victim as above and transferred KRW 200,000 as the sales proceeds of handphones to the bank account (E) in the name of Do on the 22th of the same month from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The amount of damage is a relatively small amount of 200,000 won, and agreed with the victim.

The defendant had been punished several times as a crime of fraud, and even though he was sentenced to suspended sentence due to a crime of fraud, he again committed the crime of this case during the suspended sentence period.

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