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(영문) 광주지방법원 2016.09.30 2016고단3667
사기
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

On May 11, 2016, the Defendant posted a false statement to the effect that “to sell Blus earphones” on a bulletin board by accessing the Internet Nlus “Nlus Republic of China” (hereinafter “Nlus Republic of Korea”) at the flus site, and then, to the effect that “B,” who contacted the victim B, remitted the sales proceeds of KRW 70,00 to the account of selling Blus earphones.”

However, the Defendant did not have any intention or ability to sell money even if he received money from the injured party because he did not own a Blus Dophone.

In this regard, the Defendant, by deceiving the victim as such, was transferred KRW 70,000 to a bank account (C) in the name of the Defendant under the name of the victim for the sales proceeds of Blus Dophonephones.

From that time until June 7, 2016, the Defendant received the total amount of KRW 37,000 from eight victims through eight times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of B, D, E, F, G, H, I, and J;

1. Each transaction statement and each certificate of deposit;

1. Application of Acts and subordinate statutes to data by printing out text conversationss and by cutting down a Kakao Stockholm;

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

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