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(영문) 대구지방법원 2018.10.11 2018고정857

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 13, 2017, around 20:15, the Defendant posted a false statement to the effect that “as a mobile phone from the cel located in Daegu-gu B, access to “a item unit sales account”, which is an item transaction site, sold” and that “as a result, the Defendant sold 1.57 million won to the victim D(39 years of age) who reported and contacted with the Defendant.”

However, the defendant did not have the above account that can be sold, and even if he received the money from the account, he did not have the intention or ability to transfer the above account to the victim.

The Defendant, by deceiving the victim, received around December 13, 2017, KRW 1.570,000 from the account to the Defendant’s account under the name of his wife E (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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