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(영문) 서울남부지방법원 2013.12.12 2013고정3443
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In order to raise B and living expenses and entertainment expenses that the Defendant came to know at the Dong NPC bank, the Defendant posted an article on the Internet NAV trading site to sell goods, and then conspired to obtain money from the victims who reported and contacted it, and the Defendant posted an article and a photograph on the Internet, and the Defendant allocated a role in withdrawing the money when the money for goods is deposited.

On November 22, 2012, the Defendant and B: (a) published a letter stating that the trade name in Gangseo-gu Seoul Metropolitan Government is unknown; (b) sold Aphone 4S 64 at the Internet NAV trading site; and (c) received KRW 500,000 from the victim C to the new bank account in the name of B as the price for goods.

However, the defendant and B did not have the intention or ability to send the goods even if they receive the price of the goods.

The Defendant and B, as such, had a total of 7,030,000 won deposited by the victim not later than 12 times until the 26th of the same month, including by deceiving the victim and receiving 500,000 won from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint filed by D, E, F, C, G, H, I, J, K, L, M, or N, a statement, a petition, or a statement of damage;

1. Application of Acts and subordinate statutes to each financial transaction details inquiry, receipts, results of transfer management, confirmation of the results of electronic financial transfer, official receipts, and results of transfer management;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 (Selection of Fine) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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