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(영문) 인천지방법원 2016.05.27 2016고정44
사기
Text

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

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

Reasons

Punishment of the crime

1. On December 18, 2014, the Defendant posted a false statement in Gwanak-gu in Seoul Special Metropolitan City on the Internet to sell “the moniter in a monarched lag-ro” on the Internet, and sold the flag to the victim C who reported and contacted the above flag. The Defendant received KRW 870,000 from the victim who believed it as true to be a flag’s account (E) in the name of pro-friendly D.

2. Around December 23, 2014, the Defendant posted a false statement on the Internet at the above location to sell “diatker Quaker Sker’s Newcom” on the Internet, and then sold the said newcom to the victim F who reported and contacted the said notice. The Defendant received 154,000 won from the victim who believed it to be true, from the victim’s bank account.

3. On January 21, 2015, the Defendant posted a false statement on the Internet at the above location to sell “Ston Ireland T-Wingts” on the Internet, and received 100,000 won from the victim G who reported and contacted the above notice to the victim G who sold the said T-Wings. The Defendant received 10,000 won from the victim who believed it to be true.

Accordingly, the defendant acquired property benefits by deceiving 1,124,00 won from the total three victims.

Summary of Evidence

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

1. Application of Acts and subordinate statutes of C and F of the said written petition, G’s written petition and written statement;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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 concerning the order of provisional payment;

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