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(영문) 서울남부지방법원 2013.12.18 2013고정3555
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 28, 2012, at a place where it is difficult to know, the Defendant read a letter that the victim G purchases the DNA Quaker Quaker Cheongbane posted on the Internet website H Kaf, and told the victim to contact with the victim that “on the first hand, the Defendant would send the price to him/her, if he/she wishes to sell it.”

However, even if the defendant receives the money from the victim, he did not have the intention or ability to send the money to the victim.

The Defendant, by deceiving the victim as above, received 500,000 won from the victim under the name of the Defendant for sales of the passbook to the national bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of G’s written statements, written complaints, receipts and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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