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(영문) 수원지방법원 안산지원 2013.04.16 2013고정285

사기

Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On April 26, 2012, the Defendant stated that “A victim C (the age of 22) who reported and contacted 3GS in the Internet’s “B” online trading site, “I would send Aphone 3GS to the next week if I would first transfer KRW 120,000 won to the next week.”

However, even if the victim receives money, there is no intention or ability to deliver mobile phones.

The Defendant, by deceiving the victim as such, received 120,000 won from the victim’s seat to the Agricultural Cooperative Account under the name of the Defendant.

2. On August 17, 2012, the Defendant made a false call to the victim E (year 31) who posted an article stating that he/she would purchase the LET mobile phone on the Internet’s bulletin board “D” and “on the first hand, if 3.10,000 won or less are remitted, he/she will deliver one observer mobile phone to door-to door.”

However, even if the victim receives money, there is no intention or ability to deliver mobile phones.

The Defendant, as such, by deceiving the victim, received 310,000 won from the victim’s seat to the single bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Details of transactions, transfer results inquiry, textbook photographs, response to requests for details of financial transactions, and details of transactions by entry and withdrawal;

1. References to criminal records, references to criminal records, reports on results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (Attachment of copies of summary order);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.