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(영문) 부산지방법원 2016.07.15 2016고정1640
사기
Text

Defendant shall be punished by a fine of 300,000 won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant sent a text message to the effect that “the Defendant would purchase smartphone 2” before the victim C’s notice was posted “the Defendant would purchase smartphone 2” by accessing the B used car sales office located in Busan, Busan, on the Internet via the NAC, and then sent the victim’s text message to the effect that “the Defendant would send a gallon 2 cellular phone 2 mobile phone when deposit KRW 90,00 to the Busan bank account.”

However, even if the defendant receives money from the injured party, he send 2 mobile phones to the injured party.

there was no intention or ability to act.

The defendant received 90,00 won from the injured party to the Busan bank account in the name of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. C’s statement;

1. Answers to the certificate of transfer confirmation and the request for information on financial transactions;

1. Application of Acts and subordinate statutes on the screen of a letter message to a course;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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