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(영문) 인천지방법원 2014.04.24 2014고단1392

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

around 08:30 on July 16, 2013, the Defendant sent a notice to the Internet portal site that “A victim B would purchase a pool of Austria” by accessing the Internet portal site using a computer, and made a false statement to the victim that “A person would sell the pool of Damno at KRW 45,000.”

However, since the defendant did not possess the above goods, there was no intention or ability to sell the goods even if he receives money from the victim.

The Defendant, by deceiving the victim as such, received 45,000 won from the victim to the account under C’s name as the price for goods.

Around August 21, 2013, the Defendant, “2014 Highest 1964,” posted a notice on the Internet website, stating that “The victim would purchase a gas towing machine,” and made a false statement to the victim, stating that “The victim would sell the gas towing machine at KRW 1,50,000,000,000,000,000,000,000,000,000,000,000 won.”

However, since the defendant did not possess the above goods, there was no intention or ability to sell the goods even if he receives money from the victim.

The Defendant, by deceiving the victim as such, received 150,00 won from the victim to the account under the name of the Defendant as the price for goods immediately.

Summary of Evidence

"2014 Highest 1392"

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement concerning B, C, and F;

1. The results of transfer management by deposit account "2014 high-class 1964";

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to each copy of trading statements;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. The order of provisional payment;