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(영문) 서울중앙지방법원 2018.04.25 2017고정3766

사기

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On October 31, 2016, the Defendant posted a letter stating that “A Dobdo 2” was sold to the Rob Kab Kab B, a country of the Republic of Korea, and sold “A Domen 2” to the victim B who reported and contacted the above letter.

A false statement was made.

However, even if the defendant receives money from the injured party, he send a plaque.

there was no intention or ability to act.

As above, the Defendant: (a) by deceiving the victim; (b) received 183,000 won under the name of the Defendant’s national bank account (C) from the victim on the same day; and (c) from that time transferred KRW 2,463,000 in total from November 23, 2016 by the same method as indicated in the list of crimes in the attached Table of Crimes, from that time to November 23, 2016.

Accordingly, the defendant acquired the victims' property by deceit.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the statutes on details of transaction in the accounts of the National Bank C in the name of A;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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;