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(영문) 창원지방법원 진주지원 2016.04.26 2015고단1251
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2014, the Defendant stated to the effect that “The Defendant would substitute for sending money because he/she worked as an engineer for the installation of ELD and could purchase electronic equipment by sending money to the victim E (the age of 33) via phone calls.”

However, the defendant had no intention or ability to purchase electronic equipment even if he receives money from the injured party as a price for the purchase of electronic equipment due to the lack of economic conditions, such as being liable for a large amount of debt at the time.

The Defendant: (a) by deceiving the victim as above; and (b) transferred the amount of KRW 11,325,00 to the Saemaul Treasury account in the name of the Defendant on February 11, 2014 and KRW 11,325,00,000, including KRW 10,290,000, around April 24, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of deposit in the passbook, card sales slip, and purchase contract;

1. Application of Acts and subordinate statutes to investigation reports (transaction details by account);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act (including the fact that the defendant's age, sex, environment, family relation, motive, motive, means and consequence of the crime, circumstances that form conditions for sentencing as shown in the record, such as the situation after the crime, relationship with the victim, etc., including the fact that the defendant has deposited and repaid part of the amount of money);

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