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(영문) 대구지방법원 김천지원 2014.06.13 2014고정207

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around August 21, 2013, at the Defendant’s residence located in the Gumi-si C 205, the Defendant made a false statement to the victim B, who reported a gallonian 2 mobile phone in around 15:00 on August 22, 2013, stating that “the Defendant would sell a gallon 2 mobile phone to 3.50,000 won.”

However, the defendant did not have the intention or ability to sell the above mobile phone even if he received money from the victim because he had the intention to sell the mobile phone at the time.

Defendant

As above, around August 22, 2013, when deceiving the victim, 350,000 won was remitted from the victim to the new bank account (E) in the name of D as the sales proceeds of mobile phones around August 15, 2013.

2. On August 21, 2013, at the Defendant’s residence located in the Gumi-si C 205, the Defendant made a false statement to the victim F, who reported the gallonian 2 mobile phone sales to the gallon gallon flymian market opening, using smartphones. The Defendant made a false statement to the victim F, who made contact with the galglymno 2 mobile phone sales to 3.50,000 won.

However, the defendant did not have the intention or ability to sell the above mobile phone even if he received money from the victim because he had the intention to sell the mobile phone at the time.

Defendant

As above, around 10:47 August 21, 2013, when deceiving the victim, 230,000 won was remitted from the victim to the Agricultural Cooperative (H) account in the name of G as the sales proceeds of mobile phones.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Application of the respective Acts and subordinate statutes of B and F

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. Detention at a workhouse;