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(영문) 의정부지방법원 2016.05.11 2016고단649
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant posted on the Defendant’s home located in the Guri-si Co., Ltd. No. 102, which is the Internet trading site, and posted on the Defendant’s bulletin board, the Defendant sold the soviet mobile phone so far as gallon ju, and sold the Defendant’s soviet 335,00 won so far to the victim D who contacted with the gallon.

The term "" refers to the following.

However, in fact, the defendant did not have the intention or ability to sell the above mobile phone because he did not own so far as he did not own the gallon block.

The defendant deceiving the victim as above and received KRW 335,00 from the time when he was delivered 335,00 as the sales price of the mobile phone from the victim's new bank account in the E name, and from December 26, 2015, the attached list attached to the indictment of the daily list of crimes was "P", but the name of the victim F is "P", but the correction is made ex officio in writing, and the receipt account deposited by F is also erroneously stated, and the correction is made ex officio. As can be seen, the defendant obtained from the victims the total sum of KRW 2,253,00 as the sales price of goods over 11 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, K, L, M, N, andO;

1. The details of each account transaction, the invoice of transport, the message course, the contents of conversations, the details of deposits, each statement of transactions, the details of each kind of posting, the details of conversations and conversations, the details of each transaction, the details of conversations and conversations, the details of conversations, the details of the conversations, the details of the posting, the details of the conversation, the closure of the posting, the details of the conversation, and the details of the conversation and the details of the transactions;

1. Application of Acts and subordinate statutes to a report on investigation ( submission of a detailed statement of transaction);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] is one type of general fraud (the amount less than one hundred million won).

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