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(영문) 부산지방법원 동부지원 2016.09.26 2016고정739
사기
Text

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

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

Reasons

Punishment of the crime

On February 5, 2016, the Defendant posted a false statement to the effect that “LG electronic laundry machine is sold” by accessing NAVV to a foreign car page, and that “on February 5, 2016, the Defendant sent a false statement to the victim B who expressed the purchaser’s intent to deposit KRW 60,000.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to send laundry according to the promise.

As such, the Defendant received 60,000 won in total from 33 victims as the price for the goods as stated in the attached crime list from January 25, 2016 to February 12, 2016, including the transfer of 60,000 won from the victim to his account (CFC) as the price for the laundry period.

Summary of Evidence

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

1. Written statements of D, B, and E;

1. Each written petition;

1. Detailed statement of transactions;

1. Results of inquiry into financial transaction information;

1. Details of inquiries about the transport invoice number;

1. Each photograph;

1. The application of each Act and subordinate statutes to each investigation report (including attached documents);

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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