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(영문) 부산지방법원 2016.12.19 2016고정2563
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

피고인은 2015. 4. 28. 불상의 장소에서 인터넷 네이버 중고나라 카페 게시판에 "지샥 빅페이스 흑금 시계 팝니다"라는 내용의 판매글을 게시하여 이를 보고 연락한 피해자 B에게 위 시계를 판매하겠다고 거짓말하였다.

However, even if the defendant received money from the victim, he did not have the intention or ability to sell visual visibility.

Nevertheless, the Defendant, as such, by deceiving the victim B as such, received KRW 100,00 from the victim B to the Busan Bank account (Account Number C) in the name of the Defendant as the price for the goods, and acquired by transfer KRW 1,327,00 on 14 occasions from April 28, 2015 to July 28, 2015, such as the list of crimes in the attached Table.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each statement in the preparation of B, E, F, G, H, I, J, K, L, M, N, andO;

1. National questioning in preparation of P;

1. The closure data (B), a copy of the receipt of transfer (B), a certificate of transfer (E), a statement of withdrawal transactions (F), a document of closure of a course of withdrawal, data on closure of a course of conversation (G), data on closure of a course of conversation (G), details of financial transactions (D), data on closure of a course of conversation (D), data on closure of a course of conversation (D), Internet banking transfer (H), details of money transfer (H), records of money transfer (H), internal history (I), report on money transfer (I), accompanying documents, I), the receipt of money transfer (J), the closure data, the statement of transfer (P), the transfer data, the statement of account transfer, the transfer data, the statement of account transfer, the document attached to the statement of account transactions, the transfer data, the document on closure, the document on account transfer, the document on closure, the document on account transfer, the document on closure, the document on account transfer, the document on account transfer, the document on contents of the account transfer, the document on paper transfer;

1. Response to requests for the provision of financial transaction information;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to CCTV photographs withdrawn from damage);

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

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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