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(영문) 창원지방법원 거창지원 2016.07.27 2016고단95

사기

Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Although the defendant did not have the intent or ability to sell the mobile phone together with B and C, he posted a letter as if he sold the mobile phone at the Internet opening, and then conspired to receive the mobile phone sales proceeds from the victims who had contacted with B and C and receive them by fraud.

After that, on September 4, 2015, the Defendant, along with B and C, posted a notice to sell a mobile phone on the Internet opening market and reported this fact to the victim D who had "190,000 won", sold S6 mobile phones when they can open and use normally.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, even if the defendant received the sales proceeds from the injured party, he did not have the intention or ability to sell the opening and usable mobile phone normally to the injured party because he thought that he would report the loss of the mobile phone sold to the injured party for the opening of a new mobile phone.

Ultimately, the Defendant, in collusion with B and C, by deceiving the victim as above, obtained KRW 190,00 from the victim via the NongHyup Bank account (Account Number: E) in the name of mobile phone sales proceeds, and acquired it by deceiving the victims on a total of six occasions, and obtained KRW 11,10,000 from the victims on a total of six occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or B;

1. Application of the respective legislation of F, G, H, I, D, and J

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting the crime (referring to cases against theJ of a victim) of the relevant Act;

1. Selection of a selective fine for punishment (to take into account the fact that the defendant has yet to have social experience and the primary offender, and that the amount of fraud is a relatively small amount);

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 order of provisional payment;