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(영문) 창원지방법원 통영지원 2016.08.31 2016고단338
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

Around February 8, 2016, the Defendant posted a false statement to the effect that “The Defendant sold 2 Epid Epid 2” on the C website using his mobile phone at Gyeongnam-si, Gyeongnam-si, and reported it to the victim D who contacted 20,000 won.”

However, since the defendant did not have 2 the son at the time, even if he received money from the injured party, he did not have the intention or ability to sell the above goods.

As such, the Defendant, by deceiving the victim, received KRW 480,00 from the victim via the Nong Bank account (Account Number: E) in the name of the Defendant, and received KRW 37,80,000 in total seven times from around that time to February 23, 2016, as shown in the List of Crimes in the attached Table.

Accordingly, the defendant, by deceiving victims and receiving the property, acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each authentic statement, written statement, internal investigation report (each conversation photograph, etc.);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general fraud [the scope of the recommended punishment] is concurrent crimes of the same kind (six months to one year and six months) with no special sentencing person]. As such, the sentence is determined on the basis of the total amount of damages. 2. Determination of sentence - No favorable circumstances: there are no unfair circumstances: the victim is many and unspecified persons; the victim did not take measures for recovery of damage even though he/she was given a considerable period of time among the attempts to recover damage and was judged to have been sentenced to a fine for the same kind of crime;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be taken into consideration.

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