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(영문) 수원지방법원 성남지원 2016.04.21 2015고단2789
사기
Text

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

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

Reasons

Punishment of the crime

On March 27, 2008, the Defendant: (a) called the victim C by telephone, “The purchase of 20 feet 25,200,000 won because he would be 25,200,000 won; (b) on May 2008, 2008, the Defendant imported 40 feet 40 feet of the diaper container for the Japanese infant and sent it to the victim by telephone.”

In addition to the existing 25,200,000 won, additional 25,781,512 won was changed.

However, even if the defendant paid the money from the victim as above, he did not have the intent or ability to import the money from the victim for the young children in Japan.

Nevertheless, the Defendant, as seen above, received 50,981,512 won in total, including 25,200,000 won around March 27, 2008 and 25,781,512 won around June 20, 2008 from the victims of such false statement, and acquired 50,981,512 won in the name of the original revenue.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a complaint, a detailed statement of transaction in passbook, a copy of payment letter, and a process deed;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (the most of the amount of damage was repaid, and the amount of 15 million won was previously repaid (Evidence No. 113 page), and 34 million won was additionally paid before a judgment was rendered.

Before the instant case, there was a fact that the goods were supplied normally three times prior to the instant case, while being aware of the difficulty in supplying the goods thereafter, the said price was received and used as expenses, etc.

Taking into account the absence of the same criminal record)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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