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(영문) 인천지방법원 2017.01.12 2016고정3350

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 13, 2016, the Defendant posted a notice stating that he would sell a false-do game machine by accessing the Defendant’s Nowon-gu site to the Defendant’s Nowon-gu in a non-fluorial location located in the Mapo-gu, Japan.

However, the defendant does not possess the above goods, even if he receives from the injured party the money for the above goods, send the above goods to the injured party.

had no capacity to take action.

Nevertheless, as seen above, the Defendant: (a) by deceiving the victim B as if he were to send the said goods; and (b) received KRW 170,000 from the victim to the new bank account (C) in the name of the Defendant as the price for the said goods; and (c) received a total of KRW 1,130,000 from the victims six times from July 13, 2016 to July 18, 2016, as described in the list of crimes in the attached Table.

In this respect, the defendant, by deceiving victims, acquired financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B, D, E, F, G, and H;

1. Details of the Kakao Stockholm dialogue;

1. Inquiry into details of transactions, each transfer confirmation certificate, detailed statement of transactions, application of Acts and subordinate statutes governing deposit transaction performance certificates;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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;