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(영문) 부산지방법원 2019.08.19 2019고정858

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

On May 20, 2018, the Defendant reported on May 20, 2018, the phrase “the purchase of the power bean iron bars,” which was connected to the Kapet, from the Busan Fransh K building and its home located in L, and posted by the victim M., and made a false statement to the victim that “the Defendant would first deliver the money to door-to-door delivery of the goods from which the money would be transferred.”

However, there was no intention or ability to send money even if the defendant received money from the victim because he did not possess the above objects.

The Defendant, by deceiving the victim as such, received 200,000 won from the victim’s bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. Application of a remittance certificate or a message cutting-off statute;

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

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;