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(영문) 광주지방법원 2019.03.14 2018고단3798

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On April 11, 2018, the Defendant, at the “C” bank located in Gwangju Northern-gu, Gwangju Northern-gu, despite the lack of intent or ability to sell D mobile phones, posted a false statement to sell galthot 8 in EKap, and entices the victim F who reported and contacted galthot to sell the above mobile phone, thereby deceiving the victim F to sell the said mobile phone as if he/she had sold it, and by deceiving the victim to a corporate bank (G) account in the name of the Defendant on the same day.

2. Around April 13, 2018, the Defendant, at the same place, posted a false writing stating that he/she sells Apid professional 9.7 to the Internet Ch, although he/she did not possess Apid professional 9.7 and did not intend or have an ability to sell it, and deceiving the victim I who reported and contacted the above Apid as if he/she sold the Apid, thereby deceiving the victim I as if he/she had sold the Apid, and then, he/she acquired 450,000 won from the victim to the same account as the above Apid price.

3. Around April 15, 2018, the Defendant, at the same place, posted a false statement on the Internet EKaco that he sells an Acopro 9.7, although the Defendant did not possess Acopro 9.7 and did not intend or have ability to sell it, and had the victimJ who reported and contacted the false statement to sell it, deceiving the victimJ to sell it as if it had been sold, and deceiving the victim to acquire 453,000 won from the victim to the same account on the same day as the price of the Aco.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of F, I, and J;

1. Application of Acts and subordinate statutes on the screen by checking the results of the transfer, a written confirmation of the results of the transfer, a screen to the closure of each conversation, and to the closure of each sign;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection 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(1) and 69 of the Criminal Act for the detention of a workhouse.