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(영문) 의정부지방법원 2014.03.31 2013고단4113
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, operating a mobile phone agency with the trade name of “C”, was in a situation in which the Defendant was unable to receive a mobile phone device more from the KT (KT) around February 2013 because it was unable to pay the mobile phone price, etc. in the KT (KT).

On April 22, 2013, the Defendant made a false statement to the F Office of the F Office operated by the victim E located in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, that the Defendant could not be supplied with a mobile phone device in the KT (KT) for the foregoing reasons. However, despite the fact that the Defendant was unable to supply a mobile phone device, the Defendant would be able to supply a large number of cell phone devices to the victim when he was the first policeman of May at the end of April

The defendant received 25,00,000 won from the victim's seat as a mobile phone purchase fund.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation report (the currency of the director of the marketing division in KTsan);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [the decision of the type of punishment] below KRW 100 million [the decision of the person who has been specially punished] means the reduction of punishment [the decision of the recommended area] in the mitigated area] [the scope of the recommendation area] one month or one year] - The main reasons for the suspension of execution] - The main reasons for the negative previous conviction (the suspension of execution of execution of not more than five years, the suspension of execution of not less than three times or the fine not less than three times): if the positive damage is considerably small or considerable damage is recovered, it is so decided as per the decision of the court below on the grounds of the suspension of execution of not the punishment [the decision of the sentence] in six months, and the social service of not less than two years

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