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(영문) 수원지방법원 2018.09.19 2018고단3966
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant stated that “If the Defendant sent the price first, Samsung Tallon 1 would open one cell phone when Samsung Tallon ju, Samsung Tallon Y 3966” to the victim C who reported the opening advertisement of the mobile phone sent by the Defendant at a non-place in Suwon-si, Suwon-si (B) and the phone called by the Defendant.

However, the defendant did not have the above mobile phone, and even if he received money from the victim, he thought that he will use it as living expenses, etc., and he did not have the intention or ability to open the mobile phone to the victim.

Defendant deceiving the victim as above and transferred KRW 2,50,00 to the Nonghyup Bank account in the name of the victim under the pretext of opening of cell phones around the 23th of the same month from the victim.

On May 9, 2018, the Defendant made a false statement to the victim D, “I will open three mobile phones in S 9 mobile phones for KRW 750,000,00” at a gallon site.

However, even if the defendant received money from the injured party, there was no intention or ability to open three mobile phones to the injured party during galloning.

The defendant deceivings the victim as above and acquired 750,000 won from the victim to the Agricultural Cooperative Account (E) in the name of the defendant on the same day.

Summary of Evidence

"2018 Highest 3966"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. "Receipt, Kakao Stockholm message data, text message data, home-to-door photographs sent by the recipient, and related text messages "2018 Highest 4568"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of a transfer certificate, Defendant’s name, and text messages;

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 (2) of the Criminal Act to attract a workhouse.

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