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(영문) 춘천지방법원 영월지원 2018.01.23 2017고단410
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2017, the Defendant posted a false statement to the effect that, at the Defendant’s residence located in Gangnam-gu, Gangwon-gu, Seoul-gun, the Defendant sold red ginseng coar in the middle and high-speed country car page, which is an Internet trading site, and that, as the victim C contacted with the Defendant, the Defendant would send red ginseng coap upon deposit of KRW 50,00.

However, even if the defendant did not have the extract from the sale and received the payment from the injured party, he did not have the intention or ability to sell the extract from the above red ginseng.

Around April 18, 2017, the Defendant, by deceiving the victim C, received 50,000 won from the victim C to the Nonghyup bank account in the name of the Defendant, and by the end of April 29 of the same month, by deceiving the victims in the same manner as the list of crimes in the attached list of crimes, and acquired 5,80,000 won in total from the victims four times from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, C, E, and F;

1. Each written petition;

1. Application of each deposit statement and each text message statute;

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

1. A favorable condition for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, including the fact that the defendant acknowledged the instant crime, the defendant has been punished several times due to the same type of fraud, the defendant has not yet agreed with the victims, and other unfavorable conditions for sentencing, such as the defendant's age, sex behavior and environment, and circumstances after the crime, etc., shall be determined as ordered by taking into account the following circumstances:

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