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(영문) 인천지방법원 2016.07.21 2016고단2021
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On March 12, 2016, the Defendant sold the contact diskettes at the Internet NAVV in the Defendant’s house located in Incheon Seo-gu, Incheon, and at the national website.

“Before making a deposit of KRW 500,00,000 to the victim D who reported and contacted the writing posted by the Defendant, the head of the contact book shall send the head of the contact book to the victim not later than the day of the month.

The phrase “ makes a false statement.”

However, the defendant did not own or possess a contact pocket and did not have the intention or ability to send the contact pockets to the victim as agreed.

The defendant deceivings the victim as above and was transferred KRW 500,000 to the Agricultural Cooperatives Deposit Account in the name of the defendant for the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to transfer;

1. Determination of punishment by taking into account the relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the selection of fines (the fact that the injured person does not want the punishment of the accused, and that the accused seems to recognize and reflect his/her mistake, etc.);

1. Articles 70 and 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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