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(영문) 수원지방법원 안산지원 2017.09.14 2017고단1868
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 22, 2017, the Defendant had access to the Defendant’s residence located in Sinsi-si B on January 22, 2017, and sold books of young children (“S”) at the Internet NAV website, a foreign car page.

A notice stating that “I will send a book to young children if I wish to send money” to the victim C who reported and contacted the above article.

However, since the defendant did not possess the above infant's book, he did not have the intention or ability to deliver the above article even if he receives the price from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received 230,000 won from the victim to the national bank account (D) in the name of the Defendant managed by the Defendant as the price for the above infant’s book from the victim, and acquired it by fraud. The Defendant received the total sum of KRW 1,90,000 from the victim nine times to April 8, 2017 by the same method, such as the content of the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G, H, I, C, J, K, and L;

1. Details of financial transactions;

1. Application of Acts and subordinate statutes to a report on investigation (receiving details of transactions with a national bank);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

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

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