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(영문) 울산지방법원 2016.04.04 2016고정70
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

From August 25, 2014 to August 27, 2014, the Defendant published a letter on the Internet b, using his smartphone carry phone (www.bunjang) bulletin board, selling “bolp off” health food.

However, the defendant had no intention or ability to sell goods from the beginning.

Nevertheless, the transfer of money to the victim C who reported and contacted this article would normally deliver the goods.

At that time, the victim who believed that the speech is true, acquired it by receiving 2,100,000 won from the national bank account in the name of the defendant at least six times, and not by delivering the goods but by blocking communication.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes governing the petition and details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of fines;

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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