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(영문) 수원지방법원 여주지원 2018.08.31 2017고단1263

사기

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On May 1, 2017, the Defendant: (a) posted a letter stating that “A” sells a cell phone 6S block from a scopon from the scopon site to a mobile phone; (b) reported this fact to the victim B, who visited the victim B, as if he/she sold the opon mobile phone.

However, in fact, the defendant did not have a mobile phone, and there was no intention or ability to sell it by seeking it.

The defendant deceivings the victim as above and was transferred KRW 180,00 to the Agricultural Cooperative Account under the name of the defendant as the sales proceeds of mobile phones on the same day from the victim.

2. On May 3, 2017, the Defendant posted a notice on May 1, 2017, stating that he/she sold a mobile phone by accessing the Internet to a high-class country car page from the Internet, and reported the fact that he/she sold the mobile phone to C.

However, the defendant did not have a mobile phone, and there was no intention or ability to sell it by seeking it.

The defendant deceivings the victim as above and was transferred KRW 170,00 to the Agricultural Cooperative Account under the name of the defendant as the sales proceeds of mobile phones on the same day from the victim.

3. On May 5, 2017, the Defendant posted a letter on May 5, 2017, stating that he/she sold a mobile phone by accessing the Internet’s first-class car page to a high-class country, and reported the fact to the victim D who contacted with the Defendant, thereby making a false statement as if he/she sold the mobile phone.

However, the defendant did not have a mobile phone, and there was no intention or ability to sell it by seeking it.

As above, the defendant deceivings the victim as above and acquired 170,000 won from the victim as the sales proceeds of mobile phones on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in D, C, and B;

1. Application of Acts and subordinate statutes on deposit lists and details of deposits;

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