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(영문) 창원지방법원 마산지원 2019.02.13 2018고단1098
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around August 6, 2018, the Defendant posted a letter stating “gallon 8 mobile phones are sold” by accessing B sites.

However, the defendant did not have eight mobile phones at the time so even if he received the payment from the victim C because he did not have an intention or ability to sell it.

Nevertheless, as seen above, the Defendant, by deceiving the victim C, received KRW 508,00 from the victim C to the deposit account in the name of the Defendant on the same day, as the price for goods, and acquired KRW 3,067,500 in total on seven occasions from the victims from August 7, 2018, such as the statement in the list of crimes in the attached Table from August 7, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in C, E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to each petition, certificate of remittance, certificate of transfer, written confirmation, details of text, results of transfer, and details of transactions;

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

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

1. Circumstances unfavorable to the sentencing of Article 62 (1) of the Criminal Act: Considerations made against many victims in favor of the fact that they have committed several times of crime, considering the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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