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(영문) 수원지방법원 2015.01.23 2014고단5614
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant posted a notice stating that “The 89,000 won cultural gift certificates (the 100,000 won notes) shall be sold to 89,00 won, by accessing the NAV Kaca (the 100,000 won notes) by accessing the NAVin Republic of Korea.”

However, even if the Defendant did not have the intent or ability to deliver the goods even after receiving money from the purchaser, the Defendant received 83,000 won from the victim C to the account of community credit cooperatives (D) under his/her name, and acquired 887,500 won in total over 16 times from around that time to September 11, 2014, such as the list of crimes in attached Form 16.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of the respective laws and regulations in C, H, I, J, K, L, M, N,O, P, Q, R and S

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. A person who is specially under a basic area (one year to two years) of less than KRW 10 million (the scope of the recommended area and the scope of the recommended punishment) in the sentencing guidelines: A crime committed against many and unspecified persons;

3. Although the crime of this case was committed against many and unspecified persons, the Defendant’s mistake is divided, and the amount of damage in this case is a relatively small amount, etc., the sentence is determined as per the text beyond the scope of the recommended sentence, taking into account the fact that the crime of this case was committed against the unspecified majority.

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