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(영문) 인천지방법원 2017.11.16 2017고단1057

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On January 13, 2016, the Defendant posted a letter on January 3, 2016, that he/she had access to the NAV car page and sold BAD to the country, and that he/she would deliver the article to C when he/she deposits the mobile phone price.

“False speech” was made.

However, since the defendant did not have the above mobile phone, even if he receives the above mobile phone payment from the injured party, he shall send the above mobile phone to the victim.

had no capacity to take action.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 700,000 to the account (D) in the name of the defendant at around 23:40 on the same day from the victim.

2. On April 10, 2016, the Defendant, who committed the crime, posted a letter on April 10, 2016, to the victim E, who visited the victim E, by accessing the Internet language fluoron to sell the Internet fluoron, and reported that “on deposit with the mobile phone price, the Defendant will deliver the goods.”

“False speech” was made.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 430,00 from the victim's account in the name of the defendant to the NongHyup Bank account (D).

Accordingly, the defendant deceiving victims and acquired a total of KRW 1,130,000 property interest in two occasions.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. A written statement of C and E;

1. Application of each written statement of transfer Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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;