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(영문) 대전지방법원 서산지원 2016.04.15 2015고단891
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant: (a) connected the Internet, a middle-market, with a location where it is unknown; (b) reported the victim’s posts posted by the victim D to seek three mobile phones in the middle-standing jum jum-gallon; and (c) made a false contact with the victim, “on deposit of KRW 170,00 won in the cost of goods, to send 3 gallon jums to a selective distribution.”

However, since the defendant did not possess the above goods, there was no intention or ability to send the goods even if he receives the price from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 170,00 from the victim’s account in the name of the Defendant on the same day from the victim, as the price for goods, from that time to September 12, 2015, and received KRW 1,678,000 in total as the price for goods from the victims eight times in total, as shown in the list of crimes in the attached Table of Crimes, from September 12, 2015.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes of a transaction statement, statement of transactions, etc., statement of cash entry and withdrawal, inquiry of the results of transfer, statement of account of electronic counterpart financial institutions, receipt for official use of Internet banking, text details, and written transfer confirmation;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding the facts constituting an offense, the choice of fines (the total amount of damages is KRW 1,678,00, which shall be KRW 1,308,000, which shall be paid out of KRW 1,308,00, which shall be taken into account such factors as the fact that

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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