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(영문) 서울서부지방법원 2015.05.28 2015고단279
사기
Text

The crime described in paragraph 1 of the crime committed by the defendant in the judgment of the defendant shall be punished by a fine of one million won, and the list of crimes in the judgment of the court.

Reasons

Punishment of the crime

On April 8, 2014, the Defendant was sentenced to a suspended sentence of 8 months with imprisonment for fraud, etc. at the Chuncheon District Court, which became final and conclusive on April 16, 2014.

From around December 2013, the Defendant worked as an employee at “D” a mobile phone sales store located on the second underground floor in Eunpyeong-gu Seoul Metropolitan Government.

The Defendant made a false statement to the victim E who opened a new mobile phone at the above sales store around December 10, 2013, stating that “The Defendant would pay KRW 500,000 won for sales proceeds by selling an existing mobile phone with opphone 5 and the previous mobile phone.”

However, in fact, even if the defendant received a heavy cell phone from the victim and sold it, he was thought to use it at will as his own living expenses, etc., and there was no intention or ability to pay the sales proceeds to the victim.

As such, the Defendant, by deceiving the victim and receiving a cell phone amounting to KRW 4.80,00 from the victim, was from around August 6, 2014, by deceiving the victims on a total of six occasions, as shown in the annexed crime list, and received a total of KRW 1415,00 from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. F substitute part of the police interrogation protocol against the defendant

1. The police statement concerning F;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

Defendant.

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