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(영문) 창원지방법원 밀양지원 2017.11.16 2017고단428
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 9, 2017, the Defendant posted a notice on the Defendant’s home located in C, stating that “radio cleaning machine” is sold to “Seber Ba,” at the Internet NAV,” and false statement was made to the effect that “the Defendant would first send the aforementioned cleaning machine to the victim D who contacted with the Defendant.”

However, even if the defendant receives the price for the goods from the injured party, he did not have the intention or ability to send the goods to the injured party.

As above, the Defendant, as well as receiving KRW 200,00 from the injured party as the price for the goods, received KRW 200,000 from the injured party as the price for the goods, received the total sum of KRW 1,410,000 from five damaged parties over five times in the same way as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. The details of transactions on automated machines, inquiry into the details of liquidity transactions, the details of conversations between Kakao Stockholms, the principal's financial transactions, the details of each entry and exit transaction, and the application of statutes on text conversationss;

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. 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The fact that it is a crime during the period of suspension of execution for the same kind of crime, the circumstances favorable to the fact that there are several penalties for the same kind of crime: the damage has been recovered, and the time is deemed to have half during the period of detention

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