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(영문) 전주지방법원 2018.12.14 2018고정250

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 April 26, 2018, the Defendant was sentenced to five months in the Jeonju District Court for a violation of the Electronic Financial Transactions Act, etc., and the judgment became final and conclusive on June 29, 2018.

The Defendant, on August 28, 2017, up to 2018, up to 250, posted a notice stating that “The sales of the GS CTTT on the bulletin board of the B website” is to transfer the right of retention to the victim C, who reported and contacted the notice.

A false statement was made.

However, since the defendant did not have the right of retention, even if he received money, he did not have the intention or ability to transfer the right to retention to the victim.

The defendant deceivings the victim as above and acquired 45,000 won from the victim to the bank account in the name of the defendant, under the pretext of sales proceeds.

The Defendant, around February 4, 2018, up to 2018, up to 2018, posted a notice to the “B” bulletin board on the Internet site “B” and transferred the right of retention to the victim E who reported and contacted.

A false statement was made.

However, since the defendant did not have the right of retention, even if he received money, he did not have the intention or ability to transfer the right to retention to the victim.

The defendant deceivings the victim as above, and 92,000 won was transferred to the account in the name of the defendant as sales proceeds from the damaged person.

Summary of Evidence

Application of Acts and subordinate statutes on the details of financial transactions in the defendant's legal statement, written statement, accusation

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 criminal records of the defendant and the amount of damage are the primary small amount for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.