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(영문) 인천지방법원 2012.02.02 2011고단855
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 23, 2010, the Defendant: (a) connected C by means of a computer even if he/she actually received money from the Defendant’s house (B201), without having the intent or ability to send the money as the price of goods; (b) posted a false statement to the effect that “I will sell 52,000 won the cosmetics” on the bulletin board; and (c) “I will deliver the cosmetics to the victim D who reported and contacted the above notice to the effect that “I will deliver the cosmetics first by using her house, if you will deliver the cosmetics first, she will deliver it by using her house; and (d) received 52,000 won from the victim to the new bank account (E) in the name of the Defendant on the same day from that date to January 25, 2011; and (e) acquired it by means of the same method until January 25, 2011.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, G, H, D, and I;

1. Written statements of J, K and L;

1. Investigation report (attaching a remittance certificate);

1. On-site reports (to attachCCTV photographs);

1. Application of a certificate of confirmation, each transfer certificate, detailed statement of transactions, copy of passbook, and Acts and subordinate statutes on official receipts;

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

2. Concurrent Crimes: The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [decision of types] Fraudulent Crimes. General Fraud [decision of the recommended field] / [decision of the recommended field] The scope of sentence] basic area / [decision of the recommended field] Whether a suspension of execution has been suspended or not] from six months to one year and six months (decision of the applicable sentences in accordance with the applicable sentences in the law] - The main reason for such concurrent Crimes: ① (1) the same criminal records (not more than five years, a stay of execution, or a fine not less than three times), ② Unagreement - Where the substantial damage is considerably small, or where considerable damage is recovered - General Reference Grounds (Unjustifiable Reasons): no effort to recover damage (decision of the sentencing] / imprisonment with prison labor in consideration of the fact that the amount of damage was relatively small.

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