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(영문) 수원지방법원 안산지원 2016.10.25 2016고단1789
사기
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act in the Suwon District Court's Ansan Branch for the violation of the Military Service Act, and the judgment became final and conclusive on November 20, 2015.

1. On January 31, 2016, the Defendant posted on the Internet opening market goods transaction site a letter stating that he/she sold Na Baba CB94’s sportsization on the Internet opening market goods transaction site, and false statement was made to the effect that “the Defendant will send the goods if sent KRW 100,000 to the victim contacted with it.”

However, there was no intention or ability to deliver money even if he receives money because he did not possess the goods at the time.

The Defendant, by deceiving the victim as such, received 100,000 won from a new bank account (Account Number E) in the name of D under the same day as the price for the goods from the victim.

2. On February 5, 2016, the Defendant made a false statement to the effect that “The Defendant will send goods if sent KRW 105,000 to the victim F who reported and contacted this fact,” after restricting the Defendant’s writing that the Defendant sold a sports at the Internet openter goods trading site.”

However, there was no intention or ability to deliver money even if he receives money because he did not possess the goods at the time.

The Defendant, by deceiving the victim as such, was transferred KRW 105,00 to the Agricultural Cooperative Account (Account Number H) in the name of G for the same day from the victim.

Accordingly, the Defendant received a total of KRW 205,000 from the victims twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Photographs (No. 6,7) of each course of closure, and details of transactions in each account (No. 9,11 of evidence lists);

1. Previous convictions in judgment: The application of Acts and subordinate statutes governing criminal records and assistance from the Suwon District Court to the extent that such judgment is applicable;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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