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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고단79
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 10, 2015, the victim C posted a letter stating that he/she would sell S6 mobile phones at the gallon jum jum on a gallony jum on the gallony site, and then sell a mobile phone to the victim C who reported and contacted the gallon.

A false statement was made.

However, since the defendant did not own the above mobile phone, even if he received money from the injured party, he did not have any intention or ability to sell the above mobile phone to the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 455,00 to the Agricultural Cooperative Account under the name of the defendant.

2. On September 10, 2015, around 19:00 on September 10, 2015, the injured party D, by deceiving the injured party D to sell a 6 mobile phone in galloned S6 mobile phone in a false manner, and by deceiving him/her, he/she was transferred KRW 450,000 from the injured party to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written complaints, written complaints, and written confirmation of transfer details;

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

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

1. The range of sentence for recommending the amount of damage caused by a series of fines for the same kind of crime for sentencing under Article 62 (1) of the Criminal Act shall be limited to not more than one year (the range of punishment for sentencing shall be limited to not more than one year (the range of punishment for fraud, general fraud, type 1, and mitigation area);

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