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(영문) 서울남부지방법원 2017.12.08 2017고단5349

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

피고인은 2017. 6. 27. 경 서울 양천구 B에 있는 피고인의 집에서, 중고 거래 사이트인 ‘ 번개 장터 ’에 접속하여 ‘ 꼼 데 가 르 송 가 디 건’ 을 판매한다는 게시 글을 올리고 2017. 6. 29. 위 게시 글을 본 피해자 C이 사겠다는 쪽지를 남기자 피해자에게 문자로 “130,000 원을 입금하면 입금 받은 즉시 가 디 건을 택배로 보내주겠다 ”라고 거짓말을 하였다.

However, since the defendant did not have any goods to be sold and is unable to repay loans borrowed from bond business operators, even if he received the sales proceeds from the damaged party, he did not have an intention or ability to deliver the goods to the injured party.

The defendant deceivings the victim as above and was transferred 130,000 won to the national bank account (Account Number: D) in the name of the defendant from the victim as the price for the goods on the same day.

In addition, between June 29, 2017 and July 10, 2017, the Defendant received a total of KRW 830,000 from the victims three times in total by the following methods, as shown in the list of crimes in the attached Form. < Amended by Presidential Decree No. 24200, Jun. 29, 2017>

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, E, and F;

1. Application of the details of transactions with automatic payment instruments, details of entry and withdrawal transactions, the Kakao Stockholm content, and the Acts and subordinate statutes governing transfer transactions;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the accused, against many and unspecified persons, obtained a total of 830,000 won of the prices of goods by false posting on the Internet at the website for the sale of used goods. Such a crime is a good transaction that disturbs the order of electronic commerce and disturbs good order.