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(영문) 청주지방법원 2019.05.14 2019고정165

사기

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant made a false statement on the Internet website B bulletin at a place where it is not possible to identify the aesthetic and location of the goods, to the effect that the Defendant would deliver the said goods if he/she deposits money to the victim C who made contact by posting an “ Sovigal S6 Sovietly S6” sales on the Internet website B.

However, the defendant did not have any intention or ability to sell a mobile phone to the victim.

As such, by deceiving the victim, the victim was received from the victim to the post office D account under the name of A in the name of the mobile phone sales price on the same day from the victim, and by receiving a total of KRW 397,000 on September 29, 2017 from the victim, it was acquired through the same method, such as deposit of KRW 397,00 in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. Investigation reports (specific suspects), investigation reports (attached to details of transactions in post offices A);

1. Application of Acts and subordinate statutes to the official receipt, the screen of the closure of each conversation, the detailed inquiry into the details of financial joint network transactions, a certificate of transfer, a sign language closure screen, and the account details;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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;