beta
(영문) 인천지방법원 2018.04.19 2018고정158

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

1. The Defendant posted a notice of around 11:40 on February 7, 2017 and on 3.50,000 on a gallon gallon, which had no intent or capacity to sell goods, on a gallon gallon.

The Defendant received 350,000 won from the victim B to the corporate bank C account in the name of the Defendant.

2. On February 8, 2017, the Defendant posted a notice around 21:45, inasmuch as there is no intent or capacity to sell goods, that in gallon-based gallon in a smartphone-based gallon, the Defendant sold heavy Handphones at KRW 200,000.

The Defendant received KRW 200,000 from the victim D to the above company bank C account.

3. On February 14, 2017, the Defendant posted a notice around 17:48, while having no intent or capacity to sell goods, on a gallon jum in a smartphone jum, on a gallon jum (S7) and 2:80,000 won.

The Defendant received 2.80,000 won from the victim E to the above company bank C account.

4. On February 15, 2017, the Defendant posted a notice around 14:46 around 15, 2017, stating that the Defendant, while having no intent or capacity to sell goods, sold a medium-sized S7 and Handphone at KRW 3.20,00,000 in a smartphone jump.

The Defendant received 320,000 won from the victim F to the above company bank C account.

Accordingly, the defendant belongs to the above victims and 1150,000 won in property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Complaint, W Written Evidence and Statement, F’s Binding and Statement, E’s Binding and Statement;

1. Application of Acts and subordinate statutes to report on investigation (a warrant of search and inspection of search and reply and confirmation of suspect personal information);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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;