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(영문) 전주지방법원 2013.08.21 2013고정307
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 12, 2012, the Defendant posted a letter on the Internet site “Nber Cine,” stating that “I will sell S2 mobile phones at Lalgallon,” and false statement was made to the victim D (33 years of age) who reported and contacted the above letter, stating that “I will deliver a hand phone to E account of a new bank, if I would deposit KRW 140,000 won into the new bank E account.”

However, in fact, the defendant did not have S2 mobile phone when galloning, and even if he received KRW 140,00 from the victim, he did not have the intention or ability to sell the mobile phone to the victim

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 140,000 won from the victim to the above new bank account in the name of the mobile phone purchase price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of examination of the police suspect against the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the details of bankbooks, account transfer certificates and inquiries;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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