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(영문) 인천지방법원 2018.06.01 2018고정514

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

On September 14, 2016, at a place not known to the Defendant, at a place where it is unknown on September 14, 2016, a notice was posted to the effect that, using smartphones, the Defendant connected with gallon flus, “Sales of gallon 5” on the bulletin board, and that, on the bulletin board, the Defendant would send money first to the victim B who reported and contacted the above letter.

“Falsely speaking to the effect that it is “......”

However, since the defendant did not have five gallon jums to sell to the victim, even if he received money from the victim, he did not have the intent or ability to send gallon 5 to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) received 420,000 won under the name of the Defendant’s bank account (C) from the victim; and (c) received money from the victim; and (c) from that time, he received the total amount of KRW 1,385,000 from that time until October 10, 2016, as shown in the list of crimes in the attached Table.

Summary of Evidence

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

1. Each written petition and each written statement;

1. A detailed statement of the results of transfer management by deposit account, and financial transactions;

1. Application of the Act and subordinate statutes to a report on investigation (the victim’s D’s statement)

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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