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(영문) 울산지방법원 2016.05.13 2016고정199
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of three hundred thousand won on April 23, 2016, and the judgment became final and conclusive on April 23, 2016.

1. On January 27, 2015, the Defendant against the victim B entered into an exchange transaction with the victim B-owned 2 and the Defendant on January 21, 2015 of the same month with D located in Yangsan City on or around January 27, 2015, and then received a request to return any defect in visibility from the injured party. The Defendant would send the victim 3 a par value 40,000 won to the victim upon receipt of a request to return it.

The phrase “ makes a false statement.”

However, even if 40,00 won is additionally remitted from the injured party, there was no intention or ability to send the son 3's plaque.

As such, the Defendant, by deceiving the victim, was transferred KRW 40,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

2. On January 27, 2015, the Defendant posted an advertisement to sell the No. 2 on the app website at the same place as the preceding paragraph at a time, and then sent the price for the goods to the victim E, the Defendant reported on the said advertisement, thereby making a false statement as if the Defendant sent the goods to the victim E.

However, there was no intention or ability to send the goods even if the goods are remitted from the injured party because the goods did not own the 2th parity.

As such, the Defendant, by deceiving the victim, was transferred KRW 130,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of E, B’s statement;

1. A certificate of deposit verification;

1. Each report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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