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(영문) 대구지방법원 2017.09.13 2017고정1206
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

around August 26, 2016, the Defendant, “206, 1206,” which was posted by the victim C, by accessing the Internet “Chro Market” website by using a mobile phone from the Defendant’s house located in Gyeongbuk-gun B, Gyeongbuk-gun, and purchased at gallon S7 lux.

The title “in the event of deposit of money with the victim” is reported and contacted with the victim, “in the event of deposit with the victim, to send the place of 7 jumal jum.

“A false representation was made.”

However, the defendant did not have any intention or ability to send a cell phone even if he only needs living expenses at the time and received money from the injured party.

As such, the Defendant, by deceiving the victim, received 330,000 won from the victim to the Agricultural Cooperative Account (Account Number: D) in the name of the Defendant, and acquired it by deceiving the victim.

On August 26, 2016, the Defendant sold “7 gallon jugal jus” on the Internet website around August 26, 2016.

However, the defendant did not have the intention or ability to sell the above goods.

Around August 26, 2016, the Defendant, the victim, was unable to transfer KRW 300,000 to the Agricultural Cooperative (E and A) account and was returned to the victim. However, as if the goods were sold, the Defendant again transferred KRW 300,000 to the Agricultural Cooperative (F and G) account on September 3, 2016, but acquired property benefits equivalent to the same amount, such as not sending the goods.

Summary of Evidence

"2017 High Doz. 1206"

1. Statement by the defendant in court;

1. C’s statement;

1. Account transfer details and text messages conversations "2017 High 1434 High 34";

1. Statement by the defendant in court;

1. A H statement;

1. Application of each transaction specification table and photographic Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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