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(영문) 수원지방법원 2017.08.31 2017고정1456

사기

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On November 3, 2016, the Defendant posted a notice on the Internet Chyro-market website stating “The sale of 6 Popphones,” and sent to the victim B, who called “the transfer of 300,000 won to 300,000 won,” a false statement to the victim B, who called “the transfer of money to 300,000 won,” and the victim, upon receiving the request from the victim, sent the victim a photograph of the above Hehyro-market site to “the transfer of money if he shows the return of money by photographing the door-to-door invoice.”

However, the Defendant did not have the goods at the time of sale, and was thought to use the goods for living expenses with the money from the injured party, so there was no intention or ability to sell the goods to the injured party from the beginning.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 300,000 to the Korean bank account under the name of the defendant on the same day from the victim.

2. On November 8, 2016, the Defendant made a false statement to the victim D, who reported and contacted a notice on the sale of goods under paragraph (1) of this Article, stating that “I will send the goods if you send KRW 300,000 to the victim D.”

However, the Defendant did not have the goods at the time of sale, and was thought to use the goods for living expenses with the money from the injured party, so there was no intention or ability to sell the goods to the injured party from the beginning.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 300,000 to the Korean bank account under the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each written petition and documents submitted to victims;

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. The punishment to be suspended: a fine not exceeding one million won;