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(영문) 서울북부지방법원 2019.08.29 2019고정425

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on June 20, 2018, and the judgment becomes final and conclusive on November 2, 2018.

【Criminal Facts】

On June 11, 2018, the Defendant sent a phone call to the victim B, and falsely stated that “the good of 25 tons of dump trucks is made out of a public auction. It is necessary to put up a bid deposit in KRW 8 million, and if you look at a public auction, the Defendant sent money to the victim B for a public auction.”

However, in fact, the defendant did not have confirmed the successful bid for the dump truck, so the bid bond was not necessary, and even if he received money from the victim, he did not have the intention or ability to deliver the dump truck by using it as a bid bond.

As above, on June 11, 2018, the Defendant deceivingd the victim and received eight million won from the victim to the Agricultural Cooperative Account in the name of the Defendant C.

Summary of Evidence

1. Legal statement of the witness B;

1. Each investigation report, e-mail sent by a suspect, details of financial transactions, and details of entry into and departure from Nonghyup Bank under C;

1. Previous convictions indicated in judgment: Criminal records, results of confinement of prisoners, etc., and application of Acts and subordinate statutes significantly true to this court;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel regarding the assertion of the defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the order of provisional payment shall receive 10% of the bid price in advance in preparation for the case where the victim renounces his bid by reason of the change of the victim. Although the highest bid was made for the dump truck of this case, it was almost successful, the seller's withdrawal of the sale and return the money received by the client to the client, and the defendant shall return it to the wind bound by other cases.