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(영문) 수원지방법원 안산지원 2017.08.31 2017고정743
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 April 22, 2016, the Defendant sold the PC in the name of “C” in the name of “C” at the online shopping site, which is an online trading site, at the residence located in B B in Silung-si, Seoul.

“The sales will be 120,000 won by inserting a false letter and receiving communication from the victim D that the victim wishes to purchase it.”

A false statement was made.

However, the Defendant did not have the PC main body and did not have any intention or ability to sell the PC even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 120,00 from the victim to the new bank account (E) in the name of the Defendant under the name of the victim as the PC price, and acquired a total of KRW 684,00 from the victims to June 2, 2016 as the sales price of goods, as shown in the attached list of crimes from the victim to June 2, 2016.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements of D, F and G;

1. Each petition and statement of H and I;

1. A written confirmation of the results of the electronic financial transfer, the screen, details of transfer (the printed out of the screen of transaction details), details of transfer (the statement of transaction of automated devices), details of transfer, and details of transfer (the certificate of the results of electronic financial transfer);

1. Application of Acts and subordinate statutes to the details of the sign language closure data, the details of text conversations, the details of the visual images printed out, and the details of mobile phone text conversations;

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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