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(영문) 인천지방법원 2013.08.08 2012고단11774
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2012 high group 11774] On May 17, 2012, the Defendant made a false statement to the victim C by telephone, stating that “The Defendant would pay KRW 500,000 per unit KRW 50,000 per unit as the site installation is completed, by installing 100 banners related to apartment sales advertising in D at Nam-si, Namyang-si.”

However, even if the defendant received KRW 600,000 from E, the company requesting the installation of banner, he did not have the intention or ability to pay KRW 500,00 to the victim.

The Defendant was provided with labor for the installation of banner on May 19, 2012 by the victim.

In addition, the Defendant was provided with labor equivalent to KRW 5,435,00 in total by the same way over 11 times as indicated in the list of crimes in the attached Table from around that time to June 16, 2012.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[207] On February 28, 2013, the Defendant posted a letter “G” bulletin board near the Incheon Bupyeong-gu, Incheon, on the website, and the fact that the Defendant, although having no intention or capacity to sell a car-free car, sold the car-free car to KRW 500,00,00,00 for KRW 225/45/45/18 fmf4, as if he had no intention or capacity to sell it, he/she acquired KRW 500,00 from the victim H as the proceeds of sales on other terms on February 28, 2013.

Summary of Evidence

[2012 Highest 11774]

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Investigation report (general), investigation report (Submission report of reference material C who is a criminal complaint) and investigation report;

1. Contents of text messages and copies of deposit passbooks (2013 highest 2007);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a petition;

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

1. Of concurrent offenders, the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, although there are no criminal records of the defendant, it shows particular efforts to recover damage.

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