beta
(영문) 수원지방법원 2016.03.17 2015고정3313

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

1. On April 27, 2015, the Defendant posted a notice on the Defendant’s home located in Osan-si B to the effect that “sales of smartphones” in the Internet site server and in the country, the Defendant reported the notice to the effect that “if you send money, you will send 4 gallon Nos. 3 to the victim C.

However, even if the defendant received money from the injured party, the defendant did not have an intention to send 4 gallons to the injured party.

The Defendant, by deceiving the victim as such, received 303,000 won from the victim’s account under the name of the Defendant on the same day.

2. On May 7, 2015, the Defendant, at the Defendant’s house located in Osan-si B, by deceiving the victim D in the same manner at the Defendant’s house located in Osan-si, and was transferred 430,000 won, under the pretext of S5 gold, from the damaged person on the same day.

3. On May 10, 2015, the Defendant: (a) by deceiving the victim E from the Defendant’s house located in Osan-si B in the same manner; and (b) received from the injured party a remittance of KRW 270,000 under the pretext of four gallons on the same day.

Accordingly, the defendant deceivings the victims, and received a total of KRW 1,003,00 from the victims.

Summary of Evidence

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;

1. Notices posted on the NAV carpets in the name of the skin, flabbbing, and data to capture a merbb;

1. The details of written complaints and letters of D;

1. A complaint filed by E;

1. C’s petition, text, and printed materials of the victim’s door-to-door receipt;

1. Application of Acts and subordinate statutes to each investigation report (for data submitted to the victim E, by weight verification of post offices related to data submitted), (Attachment of image photographs of door-to-door stuffs submitted to the victim), (for gallon 4, by gallon 5, by attaching outputs related to weight 5);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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;