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(영문) 부산지방법원 2018.04.24 2017고정2574

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 6, 2016, the Defendant posted a notice to the NAV and a national car page “Sales of Round Round Round” on the following: (a) reported the payment to the victim C, who contacted, first deposited the payment, the Defendant sent the goods to the NA.

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to deliver the goods normally.

In the end, the Defendant, by deceiving the victim, received 130,000 won from the damaged person as the price for the goods on the same day from the victim to the criminal transaction account in the name of the defendant.

2. On June 7, 2016, the Defendant, by deceiving the victim D in the same manner as the statement in paragraph 1 at a non-permanent place on the same day, received KRW 150,000 from the damaged person as the price for the goods on the same day and acquired it by deceiving him.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and D

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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;