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(영문) 의정부지방법원 2013.10.21 2013고정2402
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant was sentenced to imprisonment with prison labor on May 30, 2013 at Suwon District Court on May 30, 201, and such judgment became final and conclusive on June 11, 2013.

Even if the Defendant paid money to the victim B, the Defendant did not have the intent or ability to sell the “Liburri” sportsization, and on May 15, 2012, the Defendant expressed that the victim would purchase the “Liburri” sportsization on the bulletin board of the Internet Nibber C, Ltd. (D) website provided by the United Nations at the Internet Nibber C, Inc., Ltd., and sent the goods in contact with the victim by E number.

Accordingly, the victim transferred the total amount of KRW 125,000, including the check 100,000,000, to the account of community credit cooperatives (Account Number:F) in the name of the defendant known by the defendant.

The Defendant acquired property profits by receiving remittance of the above amount by using the above account.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Receipts without passbooks;

1. Selective photographs and withdrawal photographs of the suspect;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, the failure to take the disposition, and the result report;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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