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(영문) 대구지방법원 2014.08.29 2014고단3227
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 March 28, 2014, at around 15:47, the Defendant: (a) connected PCs located in the Daegu Dong-gu Dong-dong-dong-dong-dong-dong-gu to the Ntttp (http://caf.naver.com/joint signature) website; (b) posted a notice to sell balthoon 3’s Handphones; and (c) made a false statement to sell the said balthon to the victim B who reported the above notice to the Defendant.

However, there was no intention or ability to sell Handphones.

The Defendant received 400,000 won from the victim to the Daegu Bank C account of the Defendant at around 16:26 on March 28, 2014 under the pretext of the Handphone price.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 28, 2014, around 15:47, the Defendant: (a) accessed the said site at the PC room; (b) posted a notice to sell “galglue 3” Handphones; and (c) made a false notice to the victim D, who reported the above notice to the Defendant, sold the said Handphone to the victim D who contacted with the Defendant.

However, there was no intention or ability to sell Handphones.

On March 28, 2014, the Defendant received 430,000 won from the victim to the Daegu Bank account of the Defendant in terms of the Handphone price around 16:52.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement set forth in D and B;

1. A detailed statement of savings deposit transactions, a statement of account transactions by account, and a statement of transactions by new free savings;

1. Application of Acts and subordinate statutes to a photograph by cutting down each Handphone;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was committed without being aware of the fact that he was under probation, and the damage is recovered.

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