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(영문) 인천지방법원 부천지원 2016.05.12 2016고단205
사기
Text

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

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

Reasons

Punishment of the crime

On October 5, 2015, the Defendant posted a letter that he sells a traffic card under the title “C” and “D’s gallon-based pop-up pop-up in the Internet NAV car page, which connects the Internet NAVER’s “highest country” in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-ro, Seocheon-ro, 1,000, and sold the said article to the victim E who reported and contacted.

However, even if the defendant receives money, he did not have the intention or ability to sell the above goods.

The defendant was transferred 214,300 won to the SC bank account (Account Number:F) in the name of the defendant from the damaged person under the name of the defendant.

In addition, from around that time to December 28 of the same year, the Defendant received total of KRW 6,270,300 from the victims through the same method 26 times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. W’s written statements (Attachment 2, 10, 13, 16, 24, 28, 32, 44, 47, 57, 62, 70, 76, 79, 2016 high group 438, 2, 66), E-X, Y, Z, M, NA, P, Q, R, S, T, U, U, V, 57, 57, 62, 60, 76, 79, 2016 high group 438, 6), 205, 205, 6, 36, 52, 528, 207, 207, 775, 2775, 2776, 207, 207, 205, 205, 2016, 30

1. Each details of transfer (Attachment 3, 8, 10, 14, 17, 20, 25, 29, 33, 37, 45, 51, 54, 56, 60, 63, 71, 74, 77, 80, 438 of the highest group 438 of 2016, group 4,205, group 4,22, 39, 65, and 81) and each statement of response to financial transaction;

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. 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 Act on the suspended execution;

1. The defendant's favorable circumstances [the confession, reflectivity, the damage amount is not very high, the most of the money obtained by deception is used as basic living expenses, and the victim is deemed to have been used as basic living expenses for the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service.

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