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(영문) 서울중앙지방법원 2016.06.29 2016고정95
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 18, 2014, the Defendant posted a letter on the Internet B website (C) by accessing a computer located near the station of the subway No. 1, the subway No. 1, which is located in Seocheon-si, Seocheon-si, Seocheon-gu, Seoul, to sell smartphones, and selling smartphones to the victim D who reported and contacted the letter.

Sending letters

Although 170,000 won was remitted from the victim who believed the horses to the bank account in the name of the defendant on the same day, the defendant did not have the intent or ability to sell smartphones even if he received the above money.

Accordingly, the defendant acquired 170,00 won from the damaged person by the above method.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written petition of D;

1. Application of Acts and subordinate statutes governing the verification of transactions of transfer of electronic finance;

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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