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(영문) 서울북부지방법원 2017.10.26 2017고단2324
사기
Text

The punishment of defendants shall be four months in prison.

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

Reasons

Punishment of the crime

On December 14, 2016, the Defendant sold gallon Nos. 50,50,000 on B-phone sites at any place around December 14, 2016.

I written “......”

C beliefed that this writing, C transferred KRW 2,50,00 to the Agricultural Cooperative Account (E) of D on the same day.

Defendant 1 received, instead of others, the same amount of money as that of his mother game.

However, the defendant did not have the intention or ability to send 5 products in one gallon.

The defendant abused 250,00 won by deceiving the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of C’s written laws and regulations

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There is a fact that the crime of the same content is committed several times and has been fined.

The amount of damage is not significant.

However, it is judged that it is necessary to take a measure that is difficult to suppress to some extent the defendant who unsatisfing the crime.

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