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(영문) 수원지방법원 2018.08.30 2018고정761

사기

Text

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

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

Reasons

Punishment of the crime

1. On July 21, 2016, the Defendant: (a) around July 21, 2016, the Defendant reported a false statement on the following: (b) around the infinite-dong, Seoul Special Metropolitan City (Seoul Special Metropolitan City), the Defendant posted an Internet NAV bulletin board; and (c) sold a false statement to the victim B, who contacted with the Defendant.

However, there was no intention or ability to sell the charge even if the defendant receives the charge from the injured party because the defendant did not have the charge.

The defendant acquired 80,00 won from the damaged person to the Agricultural Cooperative Account under the name of the defendant for the same day.

2. On August 11, 2016, the Defendant: (a) around August 11, 2016, the Defendant reported a false statement on the following: (b) around the infinite-dong, Seoul Special Metropolitan City (Seoul Special Metropolitan City), the Defendant posted a notice on the Internet NAV bulletin board; (c) and (d) sold a false statement to the victim C who contacted with the Defendant.

However, there was no intention or ability to sell the charge even if the defendant receives the charge from the injured party because the defendant did not have the charge.

The defendant acquired 40,00 won from the damaged person to the Agricultural Cooperative Account under the name of the defendant for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the documents and written statements in B and C;

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

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

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