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(영문) 광주지방법원 2016.11.25 2016고정816
사기
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 4, 2015, the Defendant: (a) connected to “number 1,00,” which is a used goods transaction site; (b) sold Aphone 6,00; and (c) sold Aphone 6,00,000; and (d) falsely told the victim B who reported and contacted the above writing that “I will sell Aphone 6 and Aphone 8,20,000,000” was remitted from the above date to the company bank account in the name of the Defendant on the same day from the victim to September 1, 2015; and (b) received KRW 3,60,000,000 from the above date to the victim’s bank account in the name of the Defendant on the same day, such as remittance of KRW 820,00 from the victim’s day to September 1, 2015.

However, in fact, the Defendant did not have such a mobile phone, and there was no intention or ability to send a mobile phone as agreed to the victims because he was scheduled to consume the money received from the victims as a cost of living.

As a result, the Defendant was provided property of KRW 3,600,000 by deceiving five victims.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

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

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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