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인천지방법원 부천지원 2013.09.27 2012고정2127
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

1. On November 23, 2011, the Defendant, along with female job offers B, posted an advertisement that “the sales of only one solution” on the NAC, the Internet portal site,” and received 70,000 won from the victim by stating that “the victim D, who reported this advertisement, shall transfer 70,000 won to a new bank account in the name of the Defendant,” and that “the victim D will transfer 70,000 won to a new bank account in the name of the Defendant.”

However, the defendant and the above B did not have an intention or ability to send the solution to the choice transfer even if they received money from the victim, because they did not have an intention or ability to transfer the solution to the choice transfer.

Nevertheless, the Defendant conspired with the above B and received KRW 70,00 from the victim.

2. On November 26, 2011, the Defendant, in collusion with the above B, posted an advertisement that “a LG X-NTE No-North Korean computer” in the above C C car page, and received 220,000 won from the victim E, saying, “The Defendant would send 20,000 won to the new bank account in the name of the Defendant, if transferred to the new bank account in the name of the Defendant.”

However, the defendant and the above B did not have a trade-North Korean computer, and even if they received money from the victim, they did not have the intention or ability to send the trade-North Korean computer to door-to door.

Nevertheless, the Defendant conspired with the above B and received KRW 220,000 from the victim.

Summary of Evidence

1. Protocol concerning the examination of each police suspect against the defendant or B;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of D;

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

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

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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