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(영문) 광주지방법원 순천지원 2017.12.07 2017고단1729
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 3, 2017, the Defendant: (a) connected the Internet portal servers to a high country camera; (b) posted a text on the mobile phone sales; and (c) reported it to the victim E, who contacted the victim E, “on the transfer of KRW 210,00,00,000, the Defendant told the victim E to send 64 cellphones.”

However, even if the defendant receives the price of goods, he did not have the intention or ability to sell mobile phones.

Nevertheless, the Defendant, as seen above, received KRW 210,00 from the victims as the money for the sale of goods from the victims, and then transferred KRW 1,840,00 in total from the victims, from the time to June 18, 2017, as shown in the list of crimes in the attached list of crimes, as well as from June 18, 2017.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The details of each transfer and conversation on transactions;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It shall be decided as ordered on the grounds of Articles 25(1) and 31 or more of the Act on Special Cases concerning the Promotion, etc. of Lawsuit of Compensation Orders and Declaration of Provisional Execution;

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