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(영문) 인천지방법원 2017.01.13 2016고정3311
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On May 3, 2016, the Defendant committed fraud, on May 3, 2016, posted a false letter stating that he/she sells a game machine 35 million won on the gallon of L&P, which was located at the Defendant’s domicile in Yeonsu-gu Incheon, at the Defendant’s domicile, on May 3, 2016, and deposited the purchase price to the victim B who called for reporting it.

was made.

However, there was no intention or ability to sell game money to the victim.

The Defendant, by deceiving the victim and allowing the victim to deposit KRW 30,00 in the Agricultural Cooperative account (Account Number: D) in the name of the seller of an item, and acquired property profits equivalent to KRW 30,000 from C by receiving a game money equivalent to KRW 30,00 from C.

2. On May 16, 2016, the Defendant, who committed fraud, posted a false statement on May 16, 2016, that he/she sold a game machine by accessing a DNA personnel ID website at the Defendant’s residence located in Yeonsu-gu Incheon, Incheon, and deposited the purchase price to the victim E who visited the Defendant to report and purchase it, would sell the game machine.

was made.

However, there was no intention or ability to sell game money to the victim.

As such, the Defendant, by deceiving the victim and allowing the victim to deposit KRW 2.80,00 with the Agricultural Cooperative Account in the name of F (Account Number: G) the seller of an item, and by receiving from F the amount of money equivalent to KRW 2.80,000 from F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the respective Acts and subordinate statutes of E and B;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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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