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(영문) 광주지방법원 2017.01.25 2016고단5408
사기
Text

The sentence against the accused shall be set forth as a fine of four million won.

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

Reasons

Punishment of the crime

On October 6, 2016, the Defendant posted a notice on the trade infinite, in order to sell gallon 4 mobile phones to “hin-market,” a middle trading Internet site, and made a false statement to the effect that “the Defendant would send the goods to the victim B who reported and contacted the notice.”

However, the defendant did not have any intention or ability to sell the mobile phone even if he received the price from the injured party due to the lack of the mobile phone at the time.

However, the Defendant, as such, by deceiving the victim, received KRW 170,000 from the victim to the Agricultural Cooperative Account (Account Number C) under the name of the Defendant as the sales proceeds of telephone carried in by him/her from the victim, and acquired the total amount of KRW 645,00 through five times from the time on October 11, 2016, including the transfer of KRW 170,000 from the time to October 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Each statement of E, F and G;

1. Detailed statement of transactions;

1. Financial transaction statement;

1. Application of Acts and subordinate statutes on the screen by capturing each letter to a course;

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, shall be determined by taking into account the following circumstances:

Unfavorable circumstances: A planned crime against many victims, and a crime is not good in that it is a crime to raise money for gambling.

Another crime of the same law has been repeatedly committed during the period of repeated crime.

favorable circumstances: the scale of damage is large;

It is difficult to do so.

all damage shall be recovered.

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