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(영문) 의정부지방법원 고양지원 2018.04.12 2018고정79

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant operates the Internet homepage B and sells automobile goods.

On May 15, 2017, the Defendant intended to purchase wheelchairs in the office D office of the Seo-gu, Seoyang-gu, Seoyang-gu, Busan Metropolitan City on May 15, 201, “presumed” is KRW 2,490,00 for one automobile.

Goods will be shipped out in Japan, and they will be sent to door-to door-door after 3-4 weeks.

The term "the expression was false."

However, even if the defendant receives the advance payment, he did not have the intent and ability to purchase the wheelchairs.

In this respect, the complainant transferred KRW 2,490,00 to the (F) E account around May 29, 2017.

Accordingly, the defendant acquired 2,490,000 won from the complainant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of the investigation report (Attachment of the statement of deposit by the complainant) [The defendant is an employee of the company and denies the intent of the crime of fraud, but considering the fact that the defendant appears to be a company serving as the defendant mixed, the defendant's legal action cannot be accepted]

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment of this case is to be imposed in consideration of the amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act, the amount of the same kind of records, and the circumstances after the crime, etc.