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(영문) 서울북부지방법원 2020.11.18 2020고정1009
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant was affiliated with “B”, which is a delivery specialized company, and was engaged in the same delivery date as the victim C, and did not have any intent or ability to deliver Oral Ba owned by the Defendant on the date of promise even if the Defendant received money from the victim.

On March 9, 2020, the Defendant, while waiting to receive delivery orders in the vicinity of the Seoul Special Metropolitan City, Nowon-gu D Building, said on March 9, 202, the Defendant stated that “It is unnecessary to get a high-speed Busan, and therefore, it is not necessary to do so, but it is not necessary to transfer the offline to the Defendant by April 20, 2020.”

On March 9, 2020, the Defendant received KRW 2 million from the new bank account (Account Number: E) in the name of the victim to the company bank account (Account Number:F) in the name of the Defendant, and received KRW 700,000 from the same method on March 14, 2020.

Accordingly, the defendant obtained a sum of 2.7 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the specification of transactions, the damage amount of which is transferred;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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