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(영문) 인천지방법원 2013.10.24 2013고단6377
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The defendant is currently serving in the appeal court at the Incheon District Court, who was sentenced to imprisonment on June 27, 2013 with prison labor on June 27, 2013 and four months on October 2, 2013, respectively.

1. On April 11, 2013, the Defendant, along with BR, posted a notice stating that “Nex-5n camera is sold” on the bulletin board of “Jinna,” which is a goods trading site, at a non-place on which the goods are traded,” and false statement was made to the Defendant that “on the face of the pre-paid payment, the goods will be delivered to the victim.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to provide the camera.

Accordingly, in collusion with the above BR, the Defendant, by deceiving the victim as above, received 430,000 won from the victim to the account in the name of BS under the name of Kameras on the same day.

2. On April 11, 2013, the Defendant, along with the BR under paragraph (1), posted a false statement stating that “Nex-F3 chemical bags are sold” on the bulletin board of the “Jinna,” which is a goods trading site, at an irregular place, the Defendant sold the goods,” and then reported it to the victim contact.

However, even if the defendant receives money from the victim, he did not have the intention or ability to provide the camera.

Accordingly, in collusion with the above BR, the Defendant, by deceiving the victim as above, received 200,000 won from the victim to the account in the name of BS under the name of Kameras on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with respect to the BR;

1. Each written petition;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Articles 347 (1) and 30 of the Criminal Act;

1. Heavy concurrent crimes: The appellate court's case of the defendant in the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is pending.

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