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(영문) 수원지방법원 2017.12.21 2017고정3009

사기

Text

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

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

Reasons

Punishment of the crime

[criminal records] On December 23, 2016, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution on December 31, 2016, and the judgment became final and conclusive on December 31, 2016.

[2] The Defendant posted an advertisement on the Internet homepage of the Korea Water Resources Corporation, etc. to the effect that he sells home appliances at 25 to 30% above the market price, and made a false statement to the victim C (32 tax) who reported and contacted the above advertising phrase around June 8, 2016, stating that “it is possible to purchase electronic equipment at a price lower than the Internet, and to supply them according to the product number of the electronic equipment that the Defendant wants to deposit money.”

However, even if the defendant receives the cost of electronic equipment from the injured party, he did not intend or have ability to sell household appliances such as air conditioners to the injured party.

The Defendant, by deceiving the victim as such, received KRW 10,560,100 from the victim to the bank account in the name of D in the name of electronic equipment in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint and a certificate of deposit confirmation;

1. Previous convictions in judgment: Investigative report (Attachment of concurrent crimes after Article 37 of the Criminal Act), application of Acts and subordinate statutes of the judgment;

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

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;