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(영문) 인천지방법원 2015.07.15 2015고단3542
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 12, 2014, the Defendant posted a false statement to sell LGG G2 mobile phones by accessing the Internet NAVVVG Kaka, and made a false statement to the victim C who reported and contacted the above writing to deposit KRW 200,000 with the account of community credit cooperatives in the name of the Defendant, the following day will deliver the above mobile phone to the door-to-door.

However, even if the defendant has received the payment from the victim, he did not have the intention or ability to send the goods.

The Defendant, by deceiving the victim as above, received KRW 200,000 from the victim’s account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) leads to the instant crime again during the period of repeated crime for the same kind of crime, and thus, the liability for such crime is not weak.

However, in consideration of the fact that the defendant is against the crime of this case, the amount of damage is not so significant, the health status is not good, and other various sentencing conditions, the punishment as ordered shall be determined.

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