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(영문) 인천지방법원 2015.04.10 2015고정540
사기
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

Around June 22, 2014, the Defendant posted a statement on the “gallon S3 mobile phones sales” on a gallon, a mobile phone display room at an insular place. The instant indictment, which reported the above notice to the Defendant and contacted the Defendant, contains the victim’s name as “C” but it is evident that according to the evidence presented in the summary of the evidence, it is the simple error of “B”.

deposit of KRW 100,000 to the gallon shall be sent to S3 mobile phones when gallon

The term "assumed" was referred to.

However, since the defendant did not possess the above mobile phone, the defendant did not have the intent and ability to deliver the mobile phone to the victim even after receiving money from the victim.

The Defendant received 100,000 won from the victim to the Agricultural Cooperative Account in the name of D around 18:12 on the same day.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B’s petition, written statement, deposit certificate, and written statement of transactions;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as the same as the order, comprehensively taking into account all the circumstances shown in pleadings, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, etc.

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