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(영문) 창원지방법원 2016.08.31 2015고단2841
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor by larceny, etc. at the Changwon District Court on December 24, 2013, and was released from Changwon Prison on December 24, 2013, and completed the execution of the sentence on January 29, 2014.

The defendant knew that the victim B is being supplied with yellowdong to C, and tried to obtain the yellowdong from the injured party after ordering that he is an employee of C as he was an employee of C.

1. On December 3, 2014, the Defendant, at the E office located in Changwon-si, Changwon-si, Changwon-si, the Defendant, as if he were the employees of C, issued orders to the victim, stating that “B is the employee of C, C would have ordered the goods, and the settlement would have been made later,” and the Defendant received from the victim, namely, delivery of the amount equivalent to KRW 3,096,225,00 at the market price of 442km-dong.

2. On the 12th of the same month, the Defendant deceptioned the victim by the above method, and received from the victim the delivery of the amount equivalent to KRW 4,335,463 of the 619km market price from the 619km.

3. On the 19th of the same month, the Defendant deceptioned the victim by the above method, and received from the victim the delivery of the amount equivalent to 3,463,185 won at the Yellow 494km market price, namely, from the victim.

Accordingly, the Defendant acquired a total of KRW 10,849,873 through three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: Application of two copies of inquiries about criminal history, sentence 2 of judgment, number of individual persons, and current status of confinement Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that there is no basic area (6 months to one year and six months) [the person subject to special sentencing] [decision of sentence] [the person subject to special sentencing] and did not reach an agreement with the victim, and did not recover from damage. The sentence becomes a condition for sentencing indicated in the records of this case, such as the fact that the person is a repeated crime and the defendant's age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime.

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