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(영문) 부산지방법원 2013.11.14 2013고정4497

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, on November 22, 2012, 2012, obtained the total amount of KRW 1,275,000 from the victim’s account in the name of the Defendant from December 13, 2012 to the account of community credit cooperatives in the name of the Defendant, as shown in the separate crime list, from the time on which he/she received money from the victim B, by posting a notice on the Internet C as if he/she did not have any intent or ability to sell the goods promised even if he/she received money from the victim B, and by receiving KRW 4,30,00 from the victim B who believed and contacted the receipt of money to the account of community credit cooperatives in the name of the Defendant.

On January 19, 2013, the Defendant reported that he purchases a mobile phone posted by the victim E from the Defendant’s home located in Cheongyang-gun, Cheongyang-gun, Cheongyang-gun on January 19, 2013, and made a false statement that he would sell a gallon mobile phone in contact with the victim’s mobile phone (F).

However, even if the defendant does not have a gallonular phone, even if he receives money from the victim, he did not have an intention or ability to sell the gallon mobile phone.

The Defendant, by deceiving the victim as such, received 2,50,000 won from the post office account under the name of the Defendant as the purchase price for the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of B and I;

1. A complaint filed by E;

1. Application of the Acts and subordinate statutes of each specification of transactions and cash transaction lists;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;