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(영문) 춘천지방법원 강릉지원 2018.11.09 2018고단351

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 22, 2018, the Defendant made a false statement to the effect that “If the Defendant calls for the victim’s cell phone to visit the victim’s cell phone, he would deliver the part’s photograph to KRW 300,000,00, and first send the part’s phone money, he would deliver the part’s phone delivery by the date and time.”

However, in fact, a photograph sent by the Defendant to the victim is not a photograph of parts owned by the Defendant, but a photograph of parts posted by another person regardless of the Internet site, etc., and at the time, the Defendant provided his/her own car as collateral and provided a loan, but was unable to repay his/her loan debts normally, so even if he/she received money from the injured party, there was no intention or ability to deliver the said parts to the victim.

The defendant deceivings the victim as above and received 300,000 won from the bank account (E) in the name of the defendant on the same day from the victim, from the victim, as the purchase price of automobile parts. From that time, the defendant deceivings the victims by means of false statement that ten victims sell automobile parts over 10 times in total, as shown in the list of crimes in the attached Table from March 12, 2018, and then received KRW 2,625,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of B, G, H, I, J, K, L, M and N;

1. A written confirmation of each transfer result, each transfer details, a certificate of confirmation of remittance, a principal's financial transaction, a certificate of deposit confirmation, details of transfer transactions, details of transaction, application of Acts and subordinate statutes on transaction specifications;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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 (2) of the Criminal Act to attract a workhouse.