beta
(영문) 창원지방법원 밀양지원 2017.12.21 2016고단204

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 30, 2015: on December 30, 2015: Around 30: (a) the Defendant calls to the victim B to purchase electronic equipment at KRW 1.7 million at a level below the market price because he/she works in El branch Electronic Logistics Center.

“A false statement” was made.

However, even if the defendant did not work at the ELS Electronic Logistics Center, he did not have the intent or ability to purchase TV and No.S. from the injured party even if he received money from the injured party.

Nevertheless, the defendant deceivings the above victim and received KRW 1.7 million from the victim to the defendant's agricultural bank account.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on remittance details;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are not recovered, the fact that there was a history of punishment several times for the same kind of crime, and the sentencing conditions indicated in the record, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following circumstances.