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(영문) 청주지방법원 2016.08.12 2016고정486

사기

Text

1. The defendant shall be punished by a fine not exceeding three million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

On December 3, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Cheongju District Court on December 3, 2014, and the judgment became final and conclusive on June 13, 2015.

In order to punish living expenses, etc., the Defendant had expressed a letter to purchase goods on the Internet website, and had no intent or ability to sell the relevant goods, but had been sold by means of false statements as if they were sold, and acquired money and valuables by means of remittance.

On March 6, 2015, the Defendant posted a notice to the effect that the victim C would purchase a malicious machine in the Internet NVber "S Highest Republic" car page, and sent the text message to the victim's mobile phone (number : D) using the mobile phone (number : E) used by the Defendant, and then sent the text message to the victim's mobile phone (number : E). On the other hand, the Defendant would sell the musical machine to KRW 370,000 upon deposit with the advance payment, sent the object to his house and then the remainder will be remaining thereafter.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have the above musical instruments and did not have the intention or ability to sell the above musical instruments.

The defendant used 200,000 won as the price for goods at around 10:52 on the same day from the damaged person, and 170,000 won under the same name as around 14:50 on the following day.

The F was remitted to the Credit Union Account (G) in the name of the F.

In addition, the Defendant received a total of 13 times from 13 victims to 2 April 15, 2015, a total of 1,540,000 won from 13 victims as the price for goods as indicated in the attached list of crimes, and received a transfer from 13 victims to 1,540,000 won as the price for goods under the above F’s name and H’s agricultural cooperative account (I).

Accordingly, the defendant deceivings victims to acquire financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or H by the prosecution;

1. Statement made by the police with regard to F;

1. J, K, L, M, N,O, P, Q, R, T, T, U, or C’s statement or petition 1.