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(영문) 수원지방법원 2016.05.19 2016고정183
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 17, 2015, the Defendant posted a false statement to the effect that “The Defendant would sell a medium phone” on the Internet NAV online bulletin board among the Defendant’s dwelling located in Youngwon-si B and 302, and that “the Defendant would send a earphone upon deposit of the price of the goods to the victim C who reported and contacted this.”

However, there was no intention or ability to send earphones even if the Defendant did not have earphones at the time and received the payment from the injured party.

The Defendant received 280,000 won from the victim's Japanese bank account (D) in the name of the Defendant as the price for goods.

In addition, the Defendant received the total amount of KRW 1,830,000 from the victims in the following manner, as stated in the list of offenses between October 2015 and October 20, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement in C, E, F, G, H, and I;

1. Application of Acts and subordinate statutes on the certificate of transfer verification;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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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