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(영문) 수원지방법원 성남지원 2019.02.14 2018고정1098
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an unqualified person.

1. On October 4, 2017, the Defendant made a false statement to the effect that “B”, a trading site for used goods, is selling Quaker Quaker,” and that it would deliver goods to the victim C when sending the price for goods.

However, even if the victim receives the price of the goods, there is no intention or ability to deliver the goods.

The Defendant, as such, by deceiving the victim and remitting 40,000 won from the victim to the D account under A’s name;

2. At around 14:50 on October 9, 2017, the Defendant made a false statement to the effect that the Defendant would deliver goods to the victim F if the Defendant sent the price for the goods to the victim F.

However, even if the victim receives the price of the goods, there is no intention or ability to deliver the goods.

The Defendant, by deceiving the victim as such, received money KRW 160,000 from the victim to the D account under the name of A (E) and received money from the victim in total two times, and acquired it by deceiving KRW 200,000.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. C’s statement;

1. Application of the details of each financial transaction and the G dialogue Acts and subordinate statutes;

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

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

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