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(영문) 인천지방법원 부천지원 2015.02.06 2014고정1483

사기

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant of "2014 Go-Ma1483" is found to have omitted the name of the victim in the bill of indictment No. B on the cell phone log "(2014 Go-Ma1483). This is a clear clerical error and thus ex officio correct.

Around September 18:30 on September 2, 2013, 2013, the victim B made a false statement that “I will sell 60,000 won or more on a mobile phone.”

However, the defendant did not have any ability or intention to sell mobile phones to the victim B.

As such, the Defendant, by deceiving the victim B, received 60,000 won from the victim immediately after that day.

Around 22:00 on October 8, 2013, the Defendant, “2014 High 1564, the Defendant, 2013, posted a letter on the opening of a Handphone, stating that the victim C (the victim 16 years of age, South) purchased a DNA wave, made a false call to sell the tra bargaining sets.

However, there was no intention or ability to sell the goods.

As such, the Defendant, by deceiving the victim, received 50,000 won of the goods from the victim to the accounts under the name of the Saemaul Treasury D.

Summary of Evidence

"2014 Highly 1483"

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (Submission of details of transactions of passbooks who have filed a complaint) "20,1564";

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;