beta
(영문) 부산지방법원 2015.03.19 2014고정5381

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Busan District Court. On August 2, 2014, the judgment became final and conclusive on August 2, 2014.

In fact, the Defendant did not have any intent or ability to sell faith upon receiving money from the victim, despite having no intention or capacity to sell it.

A. On March 13, 2014, the Defendant’s house No. B, 22, 606, posted a letter “Sales of New Zealand 880,00” on the NAV on the NAV bulletin board, saying, “The victim who contacted the victim for purchase shall send KRW 145,00 to a corporate bank account (D) in the name of the citizen’s bank account.” The victim, who believed that it is true, received KRW 145,00 from the victim immediately, 145,000 via the said account.

(b) The same year;

5. 13. At the same place, 150,000 won was remitted from the victim E to the same account in the same manner.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of C and E;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 (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.