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(영문) 인천지방법원 부천지원 2019.10.14 2019고정382
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 7, 2018, the Defendant, at the Defendant’s home located in Kimpo-si, Kimpo-si, posted a false statement to the Defendant’s cell phone, stating that “SD 850” was sent to the Defendant, who visited the Defendant’s home in Kimpo-si, and reported the statement to the effect that “43,000 won is remitted to transfer the external hard drive drive 43,00 won.”

However, as the Defendant did not have any goods, even if he received money from the victim, the Defendant did not have any intent or ability to send the external hard disks.

The Defendant, by deceiving the victim as such, received KRW 43,00 from the victim’s account in the name of Nonghyup Bank on the same day.

2. On November 9, 2018, at the same place as indicated in paragraph (1) of the same Article, the Defendant made a false statement to the victim F, stating that “The Defendant would send 53,000 won to the victim who contacted with the victim by sending the 53,00 won transfer of the KRW 53,00 to the external hard disc drive.”

However, as the Defendant did not have any goods, even if he received money from the victim, the Defendant did not have any intent or ability to send the external hard disks.

The Defendant, by deceiving the victim as such, received 53,000 won from the victim to the same account as Paragraph (1) on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement in F and B;

1. The application of output data, such as a deposit certificate, each letter note, and the application of transfer confirmation Acts and subordinate statutes;

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

1. The order of provisional payment;

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