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(영문) 인천지방법원 2016.06.17 2016고정858

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the method of Suwon, and the said judgment became final and conclusive on January 21, 2016.

On May 7, 2015, the Defendant posted a letter “sale of S4 mobile phones when galloning S4 cell phones” on the Internet NAV in the “CPC room” located in Gwangjin-gu Seoul Special Metropolitan City, and promised to sell goods normally to the victim D who reported and contacted this letter.

However, there was no intention or ability to deliver goods even if he/she receives money from the injured party by false posting.

The defendant deceivings the victim as above and was delivered KRW 103,00 to the virtual bank account (F) in the name of the defendant to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written complaints and statements of D;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, one copy of the judgment, and the result of case search;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;