사기
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[2018 High 274] On November 22, 2017, the Defendant posted a notice stating that he/she would sell a flat crowdfunding at a medium and medium-sized goods trading site on the bulletin board of the Korean High Kafbook, and then, the Defendant reported and contacted the notice to the victim C who sent the notice at KRW 220,000.
If money is deposited first, it is intended to send the goods.
The phrase “ makes a false statement.”
However, the defendant did not have the intention or ability to send the goods even if he received money from the injured party because he did not possess the goods.
The Defendant, as such, by deceiving the victim and receiving 220,000 won from the new bank account (D) in the name of the Defendant as the sale proceeds of goods from the damaged party, acquired the total amount of KRW 980,000 from November 22, 2017 to December 7, 2017.
[2018 High 288] On November 25, 2017, if the Defendant reported the purchase of “medical instruments” posted by the victim E at the Internet Internet NAVV and the Korean car page, and sent money to the victim first, the Defendant sent the goods.
Note 2
A false statement was made.
However, the Defendant did not have the above "medical instruments" and did not have any intention or ability to send the goods because he did not think that he would receive money from the injured party as money for gambling.
As such, the Defendant, by deceiving the victim, received 250,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Each statement of F, G, H, I, and J;
1. Application of Acts and subordinate statutes to inquire about the results of transfer, the screen of a letter message closure, the certificate of deposit verification, the certificate of transfer confirmation, and the statement of transactions;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
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 of the Criminal Act to attract a workhouse.