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(영문) 인천지방법원 2013.03.27 2013고단605
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 13, 2012, the Defendant, despite having no capacity or intent to sell 10.1 on a gallon city, up to November 13, 2012, posted a letter to sell 10.1 on an Internet gallon C, and reported it to the victim D, who visited 500,000 won, “When receiving a prior payment of KRW 500,000,000,000 on a daily basis, the Defendant received KRW 500,000 from the victim for the same day as the purchase price indicated in the attached list of crimes, and received KRW 5,003,000 in total over 10 times from around the same month to February 23, 200.

Accordingly, the defendant acquired the victims' property by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of D or E;

1. Written complaints of F, G, H, I, J, E, and K;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of CCTV images at the time of withdrawal), investigation reports (Attachment of the records of e-mail statement of the victim), investigation reports (Attachment of the records of e-mail statement of the victim

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the suspended sentence is a repeated crime for the reason of sentencing under Article 62(1) of the Criminal Act and there are several criminal records of the same kind of fine, the execution of the sentence is to be suspended only once considering the agreement with a considerable number of victims.

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