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(영문) 대구지방법원 김천지원 2018.11.13 2018고단1002
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 July 2, 2018, the Defendant had access to the Internet NAV’s “China” car page in a place where it is impossible to identify the trade name in which Daejeon or lower is unknown.

A notice to the effect that “the transfer of money to the victim E who reported and contacted the transfer of money to the Kakao Stockholm was false as if they were delivered.

However, the Defendant did not have any means to deliver money to the injured party as he did not have any means to deliver money to the injured party, and even if he did not have any means to deliver money to the injured party, the Defendant did not have any intent or ability to deliver the said money.

Nevertheless, the defendant deceivings the victim as above and transferred 150,000 won to the Agricultural Cooperative Account in the name of the defendant on the same day from the victim.

In addition, the Defendant received money equivalent to KRW 2,080,000 in total from June 29, 2018 to August 20, 2018 from around 16, as indicated in the list of crimes in the attached Form, and acquired it by defraudation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, K, C, L, D, M,O, P, Q, R, and S;

1. Application of relevant Acts and subordinate statutes on submitted evidential materials and details of financial transactions;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Reasons for sentencing under Article 31 (3) of the Act on Special Cases concerning the Facilitating Lawsuits, etc. of Provisional Payment Order;

1. Application of the sentencing guidelines [Scope of Recommendation] General Frauds Type 1 (less than KRW 100 million) (one year to two years) and the aggravated area (one year to six months) (the specially aggravated person).

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