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(영문) 수원지방법원 평택지원 2016.09.01 2016고정127
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On October 29, 2014, the Defendant posted a false statement to the victim B, who contacted the victim B with the “as if he/she were to sell the said goods at KRW 63,000, by accessing the Internet NA3 RAM website at the PC room located in Pyeongtaek-si.”

However, there was no intention or ability to send money to the victim even if the defendant received money from the victim as the price for the goods because the defendant did not possess the above goods.

Nevertheless, the Defendant deceivings the victim as above, and received 63,000 won from the Agricultural Cooperative (C) account in the name of the Defendant for the same day as the price for goods.

2. On November 9, 2014, the Defendant sold “8GB RAM by accessing the Internet NAVER website at the PC room located in Pyeongtaek-si.

"" posted a letter and reported it to the victim D who made a false statement as if he were sold the above article in 58,000 won.

Nevertheless, the Defendant deceivings the victim as above, and received 58,000 won from the Agricultural Cooperative (C) account in the name of the Defendant for the same day as the price for goods.

Accordingly, the defendant deceiving the victims as above, and received a total of KRW 121,000 from the victims.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written statement B and D;

1. Application of Acts and subordinate statutes on account transfer;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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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