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(영문) 울산지방법원 2016.07.18 2015고정1526
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

Defendant, even if having received money, did not have the intent or ability to send goods,

A. On May 1, 2014, at around 07:00, at a place where the place is unknown, a notice posted on the Internet 20,000 won “Lipy Furriology” on the Internet 20,000 won, and received money from the victim B (31, 200,000 won) who reported and contacted the notice to the victim B (31, 30,000 won) who received money from the agricultural bank account to the agricultural bank account for the price of goods;

B. On May 1, 2014, at around 09:30, at a place where the place is unknown, a notice was posted on the Internet server’s website in a foreign country’s website to sell KRW 3.80,000,00 of “DESR Canon 500,000,” and the victim D (20,000,000) who reported and contacted the notice received KRW 3.80,00 from the NAC account to the NAC account, and acquired the money as the price for the goods;

다. 2014. 6. 17. 07:25 경, 장소를 알 수 없는 곳에서 인터넷 중고 나라 사이트에 ‘ 아이 팟 5 세대 32G ’를 25만 원에 판매한다는 글을 게시하여, 이를 보고 연락한 피해자 E(18 세, 남 )에게 농협 C 계좌로 물품대금 명목으로 26만 원을 송금 받아 편취하고,

D. On June 26, 2014, at around 11:00, at a place where the place is unknown, a notice was posted on the Internet’s website in the middle- and high-class country’s website to sell “T&M 3.80,000 won,” thereby receiving KRW 3.80,000 from the victim F (43 tax, south) who reported and contacted this fact to the NAC account, and receiving money from the NAC as the price for goods;

E. On June 26, 2014, around 15:45, at a place where the location is unknown, a notice was posted on the Internet 3 SK’s website to sell 3.80,000 won, and the victim G (25 years, south) who reported and contacted the notice received KRW 300,000 as the price for the goods from the agricultural bank account to the agricultural bank account.

Summary of Evidence

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

1. Application of the respective laws and regulations of B, D, F, G and E

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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