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(영문) 서울동부지방법원 2014.09.02 2014고정1365

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 6, 2010, the Defendant: (a) connected the PC located in the Seoyangdong, Gwangjin-gu, Seoul; (b) posted a letter “C” ID to the NAC bulletin board, stating that he/she would sell a mobile phone to the victim B who reported and contacted the fact that he/she would sell the mobile phone; and (c) received KRW 50,000 from the victim to the bank account (Account Number D) in the name of the Defendant in the name of the Defendant for the down payment.

2. On December 17, 2010, the Defendant committed the crime against the victim E, posted a notice on the “F” ID on the Liber’s “F” bulletin board, and sent it to the victim E and the male-child group of E who contacted with the notice, in the currency of “G” and “H” number, and then wrongfully received KRW 300,000 from the victim to the Defendant’s national bank account (Account number I) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to E, and written petition;

1. B’s authentic statement and written statement;

1. Investigation report (specific suspect);

1. Application of Acts and subordinate statutes to the details of entry and departure transactions, data printed out on the Internet, and detailed statement of ordinary deposits;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, 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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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