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(영문) 서울동부지방법원 2017.07.20 2017고단1489
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On December 30, 2015, the Defendant may purchase Stockholm in large volume because he/she had worked for a long time in the sexual beauty art field.

The transfer of KRW 9 million will be made to supply 200 Stockholms to 2 weeks on the face of the State.

It stated that the full amount of the price was changed in advance.

However, in fact, even if the Defendant received money from the injured party as the Stockholm price, but did not have any intent or ability to supply the quantity promised on the agreed date, the Defendant deceivings the injured party, and then, he received nine million won from the injured party to the agricultural bank passbook under the name of the defendant J.

2. On January 7, 2016, the Defendant stated to the victim I that “Around January 7, 2016, the Defendant would additionally supply Stockholm 300 to two weeks, and first, the Defendant would deposit KRW 9,240,000,000,000,000 won.”

However, in fact, even if the Defendant received money from the injured party as the Stockholm price, but did not have any intent or ability to supply the quantity promised on the agreed date, the Defendant deceivings the injured party, and then, he received 9.24 million won from the injured party to the agricultural bank passbook in the name of the defendant's mother J.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A certificate;

1. Letters, details of deposits, application of Acts and subordinate statutes on payment orders;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes] [the decision of sentencing from June to one year and six months]] under the basic area (the decision of sentence] [the fact that there are several favorable circumstances, such as the fact that there are several records of punishment for the same kind of crime: the amount obtained by the defendant under the favorable circumstances mentioned above, such as the fact that he reflects his mistake, and all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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