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(영문) 인천지방법원 부천지원 2016.06.30 2016고정402

사기

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 19, 2015, the Defendant sold the crowdfunding online at the national website.

After posting this article together with his photograph, the victim C who reported and contacted this article saying, “I would send the above occuper on the face of the transfer of the proceeds of goods.”

However, in fact, the Defendant did not have the intent or ability to send the same points as the above-mentioned photographs, and when the victim transfers the price of the goods, he thought that he would spread to a far more favorable situation.

As above, Defendant 1 made a false statement to the victim, and 190,000 won was transferred from the victim to the bank account (D) of Defendant 1’s name.

2. On May 22, 2015, the Defendant sold solarizations on a national website of the Republic of Korea (hereinafter referred to as the “NVA”).

After posting this article together with his photograph, “The victim E who reported and contacted this article refers to “I would send the above physicalization at the time of remitting the proceeds of the goods.”

However, in fact, the Defendant did not have the intent or ability to send the same physicalization as that of the above posted photographs, and when the victim remitted the price of the goods, he thought that he would play a physicalization in a much better state.

The Defendant, as seen above, made a false statement to the victim and received 80,000 won from the victim to the above account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition of C and E;

1. A certificate of deposit verification (List 2);

1. Investigation report (List 14);

1. Application of Acts and subordinate statutes to each photograph (list 4, 8, 12);

1. Article 347 (1) of the Criminal Act, Article 347 of the same Act, and Article 347 of the same Act, and each fine for criminal facts

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. The extent of not sending or not using the goods can not be used, for the reason of the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.