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(영문) 인천지방법원 2014.06.13 2014고정1167

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2014 High 1167] On August 30, 2013, the Defendant posted an article stating that “The 16G of New Amateur is selling 16Gs” on the Niber B, an Internet site. However, even if he/she receives money, he/she did not have an intention or ability to sell Amateurs.

Nevertheless, the Defendant made a false statement to the victim C (Nam and 32 years of age) who reported and contacted the above writing, that “on the first deposit of the money, after confirming the deposit of the money, sent the goods immediately after confirming the deposit of the money,” and it received KRW 270,000 from the victim immediately to the account of community credit cooperatives (Account Number: D) in the name of the Defendant.

[2014 High Court Decision 20168] The Defendant posted a notice on June 30, 2013 to the NAB B, stating that the Defendant would sell monitors, but the Defendant did not have any capacity or intent to sell monitors.

Nevertheless, the Defendant, upon contact with the victim E to purchase monitors, concluded that “170,000 won is to be sent to the monitor after checking the deposit,” and that it received 170,000 won from the victim immediately from the victim to the above community credit cooperative account, and acquired the total amount of KRW 590,000 on three occasions, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E, F and G;

1. Application of the Internet banking transfer certificate, each transfer certificate, and the Acts and subordinate statutes of the public receipt;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.