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(영문) 서울중앙지방법원 2014.12.17 2013고정6276
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates an Internet shopping mall that sells musical instruments with the trade name of "C" (D).

On September 14, 2012, the Defendant made a false statement that the Defendant would have the delivery for two weeks to four weeks, when he/she made telephone conversations with the victim F and the order counseling at the office of the above company located in Seocho-gu Seoul Metropolitan Government E.

However, even if the defendant receives the price, he/she did not have an intention or ability to provide colorphones within the period agreed.

The defendant received 6,760,000 won on the same day from the victim to the account in the name of a bank account (Account Number: H) in the name of the defendant company company.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Partial statements of each police interrogation protocol against the accused;

1. The police statement concerning F;

1. Investigation report (in the case of this case which is entered the same contents as this case), investigation report (investigation of victims in the case of which a suspect is not prosecuted), written comments on the Internet, etc. of the victims, investigation report (the contents of the victim's Internet passport), order-making, etc., submission by the bank of physical specifications, internal investigation report (general) document attached, internal investigation report (general) document attached, internal investigation report (the official page import report of the accelerator colorphone), internal investigation report (the currency between the formal import company of the accelerator), internal investigation report (the oral import company of the accelerator), investigation report (the phone conversations between the accelerator and the formal import company), personal information received from K, order-management list, report certificate, certificate of import declaration, closure on the "C" homepage, order-making statement, printing out of the Internet bulletin board, order-to-mail printing out, order-to-mail printing out, order-to-mail printing out, order-to-mail printing out, order-to-mail printing out, order-to-mail printing out, copy, etc.

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