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(영문) 수원지방법원 안산지원 2018.10.10 2018고단2143

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

1. On December 6, 2017, the Defendant posted a false statement to the effect that he/she sells 1 punishment for Rabbbbbb B B lending 405, a residential place, in a luculous manner, in a luculous manner. On the same day, the Defendant reported this day to the victim C, who sent 250,000 won to the convenience store, and sent 250,000 won.”

However, even if the Defendant received money from the injured party, he did not own the said crowdfunding, so there was no intention or ability to sell the said crowdfunding.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 250,000 to the Agricultural Cooperative Account in the name of the defendant as the price for goods on the same day from the victim.

2. On December 11, 2017, the Defendant posted a false statement to the effect that he/she sells one set of crowdfunding (squerel) to the above “China and High Republic” Kapet in an unsound manner in the above residence. On the same day, the Defendant reported this day, and made a false statement to the effect that “The victim D sent the instant crowdfunding to a convenience store and wired KRW 210,000 to the remittance.”

However, even if the Defendant received money from the injured party, he did not own the said crowdfunding, so there was no intention or ability to sell the said crowdfunding.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 210,00 to the above Agricultural Cooperative Account as the price for goods on the same day by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A written inquiry about details of transfer;

1. Inquiries about transaction details, and application of the statutes on dialogue data;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.