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(영문) 서울남부지방법원 2017.03.15 2016고단3194
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, around October 20, 2015, at the E office for the victim operation of Yongsan-gu Seoul Metropolitan Government and 21 Dong 4, 168, he/she supplied Nowon-gu to various educational institutes, facilities, etc. and supplied Nowon-gu and received the cost of the supply.

“A false representation was made.”

However, the defendant was planning to sell the supplied computer at a low price due to dumping sale, etc. even if he was supplied with Nowon-do from the injured party, and to pay obligations to other clients.

On October 22, 2015, the Defendant: (a) by deceiving the victim; and (b) obtained the amount equivalent to KRW 73,942,00,00 in total of the 56 market prices of Samsung Empt 56, around November 9, 2015; (c) KRW 18,810,00 in total of the market prices of Samsung Empt 10; (d) around November 20, 2015; and (e) obtained the money from the victim in total equivalent to KRW 26,48,00 in total of the 14th market prices of Samsung Empt 14, Samsung Empt 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on trading lists;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The punishment of the accused for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not minor, but has no record of criminal punishment other than a fine, the damage has been recovered considerably, and one of the five children is full one year old, and if the accused is detained for a long time, the punishment shall be determined as ordered in consideration of the fact that the spouse and his/her children are likely to suffer difficulties in living;

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