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(영문) 대구지방법원 서부지원 2016.11.02 2016고정685

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On May 24, 2016, the Defendant posted a false statement on the part of Gangnam-si B apartment No. 101 510 dong 510, stating that “The 15-year limited board set is sold,” and that “the 15-day limited board set is true, the Defendant would send the 2-day set to the victim C, who believed that it would deposit the purchase price.”

However, in fact, the Defendant did not have intention or ability to sell the nautical miles 15 weeks limited board sets.

The defendant received a total of 220,000 won from the victim to the new bank account in the name of the defendant on the same day.

2. Around May 26, 2016, the Defendant sent a false statement to the victim D, stating, “Afin number of cultural products is to be sent in writing if payment is made,” by accessing NAV in the same place as the foregoing paragraph (1).

However, even if the defendant receives the price, he did not have the intention or ability to transmit the Fin number of cultural products.

The defendant received 18,00 won from the victim to the new bank account in the name of the defendant on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements and petitions of C and D;

1. Statements of details of transactions, and letters exchanged with each other;

1. Application of Acts and subordinate statutes in receipt, and letters exchanged with one another;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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;