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(영문) 서울북부지방법원 2018.06.15 2018고정808
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 4, 2017, the Defendant, using smartphones in Gangseo-gu Seoul and 402, posted a notice to “I will sell or exchange S8 Smartphones when galloning galloning,” and falsely read the victim C who reported and contacted the notice to “I will give S8 smartphones when I am 6S smartphones and cash 140,000 won when I am galloning.”

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to send S8 smartphones when galloning.

Ultimately, the Defendant, as seen above, by deceiving the victim, received KRW 140,000 from the victim to the SC Il Bank Account (D) in the name of the Defendant on the same day, and acquired money by remitting KRW 390,000 in total twice through the same method as the List of Crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and E;

1. The details of each transfer, the details of each Kakao Stockholm conversation, the application of the statutes governing the pictures posted in the middle and high countries;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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