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(영문) 서울남부지방법원 2015.11.19 2015고단4095
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 15, 2015, the Defendant made a false statement to the victim B by phone calling to the victim B at an unsound place, stating that “The Defendant would purchase one vehicle from Benz S350, and the vehicle will deliver by May 19, 2015.”

However, in fact, the Defendant was thought to use 60 million won from the victim as personal debt repayment costs and gambling funds, so even if receiving money from the victim, the Defendant did not have any intention or ability to purchase bents vehicles.

The Defendant received 60 million won from the victim through the Defendant’s new bank account on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the complaint and written confirmation of transfer transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) is mitigated (one month to one year) [Special Mitigation], or where considerable damage has been recovered (decision of sentence], and there are not a large amount of damage. However, in the course of a trial, there has been a significant amount of fines of the same kind of fine, but the victim and the victim have agreed to the full amount in the course of a trial, taking into account the defendant's age, character and conduct and environment, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior and environment, the sentence as ordered shall

It is so decided as per Disposition for the above reasons.

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