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(영문) 부산지방법원 서부지원 2018.01.23 2017고단1531
사기등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant’s fraud: (a) at the Defendant’s dwelling room located in Masan-dong, Masan-dong on June 222, 2017; and (b) at the Defendant’s page, “I purchase all of the heavy, lost, or stolenphones.”

A false statement was made to “A victim C, who reported and contacted writing, sent three mobile phone calls to a bank account, with cash of KRW 400,000,000.”

However, even if the defendant received a mobile phone, he did not have the intention or ability to pay the money to the victim.

The Defendant received one unit, around 13:00 on July 12, 2017, at Samsung Ggal ju (S7) equivalent to KRW 329,00,00 in the market value of Samsung Ggal ju (128,000 in the market value) Samsung Ggal ju (128,000 in the market value) from the victim, and did not transfer 40,000 won in cash to the victim, even though the Defendant received at the center for the cargo of terminal bus terminals located in the Chang-si, Changwon-si, Changwon-si, Seoul, and around 13:00 on the same day, around 13:00 on the same day.

Accordingly, the defendant was given property amounting to KRW 786,00 by deceiving the victim.

2. On July 2017, the Defendant, at around 20:00, found one copy of the resident registration certificate lost by the victim F in front of the “E convenience store” located in Changwon-si, Changwon-si, Changwon-si, Changwon-si.

The defendant did not take necessary procedures such as returning one copy of the above resident registration certificate to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect in relation to C or G;

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

1. A copy of the investigation report (a copy of G mobile phone photographs);

1. Application of photographic Acts and subordinate statutes to the F resident registration certificates;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and choice of imprisonment with prison labor, respectively;

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. Suspension of execution;

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