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(영문) 서울동부지방법원 2016.09.07 2016고단2584

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On March 18, 2016, the Defendant committed the crime of March 18, 2016, at the Defendant’s office located in Songpa-gu Seoul and 203, Songpa-gu Seoul and 203, reported the victim D’s Internet NAV purchase letters on the “original PP PP POP P c.” located in the Internet NAV, and made false contact with the victim to sell the said goods.

However, since the defendant did not possess the above goods, even if he received money from the above victim, he did not have the intention or ability to sell it.

Nevertheless, the Defendant received 123,000 won from the victim to the national bank account (Account Number:F) in the same day.

2. On April 1, 2016, the Defendant committed the crime of April 1, 2016, at the Defendant’s house located in Songpa-gu Seoul and 203, the Defendant reported the Victim G’s purchase of “Paice acquisition 1, 200,” which was posted on the Internet Nene, and made a false representation that the Victim G sold the said goods by communicating with the victim.

However, since the defendant did not possess the above goods, even if he received money from the above victim, he did not have the intention or ability to sell it.

Nevertheless, the Defendant received 53,500 won from the victim to the national bank account as stated in paragraph (1) of the same day and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and G;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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