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(영문) 울산지방법원 2015.11.26 2015고정586
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around May 9, 2013, the Defendant posted a false statement stating that “I sell galthal galthal thalthalthal thalthalthal thalthalthalthal thalthalthal thalthalthal thalthalthal thalthalthalthal thalthalthalthal thalthalthal thalthalth

However, in fact, the defendant did not have a galloned cell phone at the gallon market and thought that only the sales proceeds would be consumed as living expenses, so even if the defendant received the sales proceeds from the victims, he did not have the intention or ability to sell

Nevertheless, the Defendant received 60,000 won from the victim D to the Agricultural Cooperative (E) account under the name of the Defendant, and received 60,000 won in total from the victim F and the victim G to the same account under the same manner, and received 180,000 won in total.

Accordingly, the defendant was informed of the victims three times and received property.

The defendant of "2015 High 592" did not have the intention or ability to send the goods even if he/she has received the remittance of the amount of damage.

Nevertheless, on February 4, 2013, the Internet NAV, posted a false letter "I sell gallonno of mobile phones in 150,000 won."

In fact, 150,000 won was remitted from the victim H to the Agricultural Cooperative (I) account in the name of the defendant as the purchase price for mobile phones.

Summary of Evidence

" 2015 Highly 586"

1. A protocol concerning the police interrogation of the accused;

1. Written Statement;

1. A copy of a bankbook "2015 Go-si592";

1. A protocol concerning the police interrogation of the accused;

1. Application of H’s written 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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

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