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(영문) 인천지방법원 2016.08.12 2015고단7218
사기
Text

A defendant shall be punished by imprisonment for one year.

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 August 12, 2015, Defendant 7218 posted a letter stating that he sells 5 mobile phoness to the NAF Kafin of the Republic of Korea on August 12, 2015, Defendant 2015, and said that he would send the price to the victim C, who reported it, first forward the price to the victim C.

However, in fact, the defendant thought that he will use the above money for the repayment of his obligation and did not intend to deliver the above goods actually.

As above, the Defendant: (a) received 150,000 won from the Korean bank account (E) of the name of the Defendant in the name of the Defendant from the injured party for the purpose of the purchase of goods at that time; and (b) received from the seven victims a total of KRW 1,231,50 by the same method from August 21, 2015, as shown in attached Table 1, from August 21, 2015.

Defendant 2016 on March 9, 2015, Defendant 1614 sold the i5 computer body to the Internet site “China High-Class”.

‘I will deliver the goods if you write this writing and send the price to the victim F who reported it to the F.

A false statement was made.

However, the defendant did not have the intent or ability to deliver goods to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 225,00 from the victim to the bank account (G) in the name of the Defendant; and (c) received KRW 2,237,500 from the nine victims, as shown in the attached Table 2 of the List of Crimes, on a total of 11 occasions, as shown in the attached Table 2.

Summary of Evidence

2015 Highest 7218

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written Statements C, D, I, J, K, and L 2016 order 1614

1. Statement by the defendant in court;

1. Application of the respective laws and subordinate statutes of F, M, N,O, P, Q, R, S, and T;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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 suspension of execution (the following reasons are shown in the sentencing).

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