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집행유예
(영문) 대전지방법원 2017.2.24.선고 2016고단4130 판결
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Cases

2016 Highest 4130 Fraudulent

Defendant

A person shall be appointed.

Prosecutor

An index (prosecution) Kim, and a reflectr (Trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

February 24, 2017

Text

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 10, 2016, the Defendant posted a notice to sell a gallon S7 S7 S-ma-tel on the Internet website bulletin board, and reported this fact to the victim C who contacted the Defendant “on the face of remitting KRW 474,00 to KRW 474,00.0.” The Defendant sent a false statement to the victim C. However, even if the victim received the payment from the victim, the Defendant did not have the intent or ability to send a smartphone.

The Defendant received 474,00 won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day.

2. On October 7, 2016, the Defendant posted a notice on a gallon S7 S7 S7 S-ma-tel on the Internet website bulletin board, and reported this fact to the victim D who contacted the Defendant “on the face of remitting KRW 474,00 to KRW 474,00.0.” The Defendant sent a false letter to the victim D. However, even if the victim received the payment from the victim, the Defendant did not have the intent or ability to send the smartphone.

The defendant is a community credit cooperative account in the name of the defendant on the same day from the victim.

474,00 won was remitted.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. C and written statements of D

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

Unfavorable circumstances: The fact that the nature of the crime is not good in light of the Criminal Code, and five times the same criminal record;

The favorable circumstances: The confessions and reflects, the payments of damages to the victims, and the fact that there is no record of crime exceeding the fine.

Judges

Judges Cho Jae-ho

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