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(영문) 인천지방법원 부천지원 2013.11.08 2013고단2610
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

On April 16, 2013, the Defendant made a false statement to the victim C, who reported the Internet site B, which is the Internet site operated by the Defendant, to the effect that “on deposit of the price, 75 and 37 free will be supplied until May 13, 2013.”

However, even if the defendant has received the payment from the victim, he did not have the intent or ability to deliver the so-called so-called so-called so-called so-called "so-called" and the so-called "so-called.

The Defendant received KRW 1,00,000 from the victim for the same day as the Agricultural Cooperative (D) account under the name of the Defendant, and received KRW 3,394,500 in total from the same account on May 6, 2013, and received KRW 4,394,50 in total on two occasions, but delivered KRW 4,394,50 in total. However, 20 and KRW 3,169,100 in total and KRW 55 in market price because 20 and KRW 3,169,100 in total were supplied.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of photographs and transfer confirmation Acts and subordinate statutes after cutting down the Internet site;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person makes a confession of a crime and the fact that he/she has made a full repayment of the amount obtained by deceit to the victim);

1. Probation and community service order under Article 62-2 of the Criminal Act (Taking into account the fact that a person committed the same kind of crime and has been punished as a suspended sentence and a fine is very serious);

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