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(영문) 인천지방법원 2017.07.21 2017고단1281
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

"2017 Highest 1281"

1. On December 27, 2016, the Defendant: (a) posted a statement on the purchase of Benish 2 on the Internet “openter”; (b) concluded that the Defendant had no intent or capacity to sell it, but did so falsely and subsequently, received KRW 40,00 from the injured party to the national bank account (Account Number D) in the name of the Defendant as the price for the goods; and (c) obtained the money from the injured party to the national bank account (Account Number D) in the name of the Defendant.

2. On January 20, 2017, the Defendant: (a) posted a statement on the Internet “openter” that he/she would purchase a Benk Skin’s bears charge on the victim E; (b) the Defendant, despite having no intent or capacity to sell it, concluded it as if he/she were to sell it; and (c) acquired 20,000 won from the victim to the said account as the price for the goods.

Around February 18, 2017, the Defendant posted a notice on the Internet “Stok” page to purchase a “traffic”, which is a non-stop therapy device, on the Internet (hereinafter “Stok”) around February 18, 2017, and acquired 60,000 won from the victim F to the national bank account (Account Number D) in the name of the Defendant on the same day as the price for the goods, although there was no intention or ability to sell it, as if it was sold, it was false, and then acquired 60,000 won from the victim.

Summary of Evidence

"2017 Highest 1281"

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on internal investigation (attached to a reply letter to the warrant of a national bank), an investigation report (attached to a reply letter to the next Kakao warrant);

1. Each Kakao Stockholm conversation, details of transactions, and verification of transaction details "2017 Highest 1852";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in fraud around February 18, 2017, the largest penalty for 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 provides that a provisional payment order shall be issued.

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