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서울남부지방법원 2014.04.22 2014고정137

사기

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 7, 2012, the Defendant, at around 01:00, posted a letter “Nber “B” online website and sent it to the victim C who reported this letter to the effect that “The Defendant would sell the Lgalthian Nogal Noon in KRW 400,000,000” and first sent the wire amount to KRW 200,000.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the smartphone in a normal way.

Nevertheless, the Defendant made such a false statement, and received 200,000 won from the victim to the national bank account (D) in the name of the Defendant under the pretext of advance payment, and acquired it from the victim. From that point to the 25th day of the same month, the Defendant received a total of 1,035,000 won through the above methods, such as the list of crimes in the attached Table, and acquired it.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning C, E, and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigative reports (a search and seizure warrant or reply note);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 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;