beta
(영문) 서울북부지방법원 2017.12.22 2017고정1947

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On March 26, 2017, the Defendant posted a letter on the Internet’s medium-sized 107 Dong 1820, Seongbuk-gu Seoul apartment house B, stating that “The Defendant would send 450,000 won as a door-to-door dispatch of goods to the victim C who reported the fact that he/she sold o-markets to o-market.”

However, even if the defendant receives the above money from the injured party, he shall send goods.

there was no intention or ability to act.

Nevertheless, on March 26, 2017, the Defendant: (a) received KRW 450,00 from the victims who believe that he/she belonged to the victim, at around 17:41 on March 26, 2017, KRW 4.50,00 from the Korean bank account (D) in the name of the Republic of Korea; and (b) received the total amount of KRW 1,180,000 from the victims on three occasions as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

1. Application of Acts and subordinate statutes to the detailed statement of the transfer transaction to the victim C, the detailed statement of transfer transaction to the victim E, and the detailed statement of transfer transaction;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

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;