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(영문) 전주지방법원 2015.11.20 2015고단1377
사기
Text

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

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

Reasons

Punishment of the crime

At around 11:06 on April 22, 2015, the Defendant conspired with C, and concluded that the Defendant would have contacted those who have written to purchase goods on the Internet intermediate trading website, NAVas, and that C would receive money from the victims with the account in the name of C.

The Defendant, at the above date and time, puts up a letter “Aphone6 mobile phone purchase” on NAV, which is an Internet medium transaction site, and made a false statement that “Aphone6 is sold” by communicating the said victim with the said victim. As such, the Defendant sent KRW 670,000 to the remittance.”

However, since the defendant did not have a opphone6, even if he receives the payment of goods from the victim, he did not have an intention or ability to send the said mobile phone.

The defendant and C have received 670,000 won from the victim to the account in the name of C (E) on the same day and acquired it from the victim from the time of the same year.

5. Until April, 500, a total of 3850,000 won was acquired through deceptions through six times, such as the written list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D or F;

1. Each statement of G and H;

1. Each written petition;

1. Application of Acts and subordinate statutes, such as details of transactions made by the victim D to the suspect, details of transactions and Kakakao Stockholm dialogue made by the victim I to the suspect, details of transactions made by the victim J to the suspect, pictures of the victim F and C resident registration certificates and dialogues made by the victim F to the suspect, details of transactions and C resident registration certificates, photographs and dialogues made by the victim G to the suspect, details of transactions made by the victim H to the suspect, C resident registration certificates, photographs of the C resident registration

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

2. The former part of Article 37 of the Criminal Code among concurrent crimes.

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