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(영문) 의정부지방법원 2017.04.20 2017고정31
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 29, 2016, at the Defendant’s home room located in Namyang-si around 14:20 on July 29, 2016, the Defendant: (a) posted a letter “to sell the Internet website 6 flus to the Internet site-based country; and (b) reported it to the victim B who visited the victim B, “to send the goods upon deposit of money.”

However, the defendant did not have the intention or ability to sell the above goods.

Nevertheless, the defendant deceivings the victim as above and received 350,000 won from the victim's account under the name of the defendant.

2. On July 29, 2016, at the Defendant’s home page located in Namyang-si, on July 16:13, 2016, the Defendant made a false statement that he/she would sell the former Libera to the Internet site in the Internet website-based Republic of Korea. The Defendant posted a letter that he/she would deposit money to the victim D who reported and contacted the notice that he/she would send the goods.

However, the defendant did not have the intention or ability to sell the above goods.

Nevertheless, the defendant deceivings the victim as above and received 330,000 won from the victim's account under the name of the defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement B and D;

1. Statement of deposit transactions and a certificate of confirmation of transfer;

1. Application of Acts and subordinate statutes on the screen of the closure of each conversation and the closure of a sign language;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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