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(영문) 서울서부지방법원 2015.07.20 2015고정715

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant posted a letter on the sales of mobile phones to the smartphone display terminal.

1. On September 5, 2013, the Defendant made a false statement to the effect that the victim B would purchase a mobile phone, “The Defendant would send the price to the bank via a door-to-door call at the time of remittance.”

However, even if the defendant receives the price, he did not have the intention or ability to deliver the goods.

The Defendant was transferred KRW 140,00 from the victim B who believed this as true to the new bank (Account Number): C) in the name of the Defendant.

2. On the same day, the Defendant was transferred KRW 130,000 to the said account by deceiving the victim D, as set forth in paragraph (1) of this Article.

3. On September 16, 2013, the Defendant was transferred KRW 70,00 to the said account by deceiving the victim E, as set forth in paragraph 1, as the victim E did.

In this respect, the defendant acquired property benefits equivalent to 340,000 won over three times.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement of F and E;

1. B’s petition;

1. The details of each deposit, the contents of the notice on sales, the contents of the Kaxation, and the application of remittance receipt;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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;