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(영문) 인천지방법원 부천지원 2016.04.07 2016고정371
사기
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant, an interpreter, was placed in advertisement that the Defendant sold gold sheets, etc. to a smartphone terminal, and the price for the goods ordered after being deposited into his/her account from the outside purchasers who reported it, was sent to the delivery site designated by the Defendant using the name, dispatch address, etc. of the persons on the website (C) operated by the victim B, or received goods by deceiving the victims by means of delivery directly by the Defendant.

The defendant sent false letters to the victims' cell phone using a disguised method with the representative number of the financial institution as if the defendant sent letters of deposit from the financial institution.

On January 13, 2015, the Defendant deceptioned the victim, and then ordered D (E) to use gold bullion amounting to KRW 600,000,00 to the C website operated by the victim on January 13, 2015, and sent false text messages to the victim’s cell phone as if the phone number was deposited in the representative number of the financial institution, and received the delivery of gold messages amounting to KRW 600,000 from the victim who believed to be true, and took profits in property amounting to KRW 60,00,000 from that time, until July 9, 2015, the Defendant took profits in property amounting to KRW 6,925,000 over 11 times in total, as shown in the list of crimes in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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