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(영문) 창원지방법원 2016.11.24 2016고정847

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 21, 2015, the Defendant posted a false statement on the Internet that B (the transfer of juvenile protection case) and the Defendant sold a arche, etc., and B loaned another person’s account to the account and conspired to divide it into two parts if the victims were to remit the false writing to the account.

1. On January 7, 2015, the Defendant posted a false statement to the effect that “The 3.33 million won is sold to 3,330,000 won,” on the Internet website, i.e., the DaPC located in Changwon-si, Changwon-si, with no intent or ability to sell the Doide,” and that “the Doide 364GB is sold to 3,330,000 won,” and the Defendant was transferred from the victim E to the Busan Bank (G) account in the name of F borrowed from B under the pretext of the Doide price.

2. On January 12, 2015, the Defendant posted a false statement to the effect that “The PC 5S is sold to 300,000 won” on the Internet website without any intention or ability to sell the PC, and reported the posted statement from the victim H H to the Busan Bank account (G) in the above F’s name.

Accordingly, although the defendant stated the bill of indictment B as ‘I', it is clear that it is a clerical error in ‘B', so it shall be stated ex officio.

In collusion, 6.30,00 won was acquired through deception.

Summary of Evidence

1. Each police interrogation protocol against the accused, B, or F;

1. Each statement of E and H;

1. Application of each written petition and written confirmation of transfer Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;