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(영문) 서울동부지방법원 2020.01.29 2019고단3124
사기
Text

A defendant shall be punished by a fine of two million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 30, 2018, the Defendant posted a letter stating that “Aphone X mobile phone is sold,” and sent the price to the victim C who reported and contacted, then made a false statement as if he sold the mobile phone.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the mobile phone.

The Defendant, as such, by deceiving the victim, received KRW 80,00 from the victim to the Defendant’s D account on the same day.

2. On October 19, 2018, the Defendant posted a phrase “Aphone X mobile phone sales,” and sent the price to the victim E who reported and contacted, made a false statement as if he sold the mobile phone.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the mobile phone.

The Defendant, by deceiving the victim, received 753,000 won from the victim’s D account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of C and E to each written statement;

1. Penalty provisions: Each criminal law Article 347 (1) and each decision on fine;

1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

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

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