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(영문) 창원지방법원 2017.11.30 2017고단2948
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 2948] On March 1, 2017, the Defendant puts a letter on his own house located in Kimhae-si B and A 502, that he would sell a golf machine on the Internet broadband, and if he transfers money to the victim C who reported and contacted, he would deliver a golf machine.

A false statement was made.

However, even if the defendant received money from the injured party, he did not have the intention or ability to deliver golf balls.

Nevertheless, on the same day, the defendant was transferred KRW 760,00 to the corporate bank account under the name of the defendant from the damaged person as the price for the goods.

The Defendant, from that time until April 28, 2017, received a total of KRW 1,809,000 by deceiving the victims on nine occasions, such as the list of offenses in the attached Form.

Accordingly, the defendant was informed of the victims to receive property.

[2017 Highest 3527] On August 2, 2017, the Defendant made a false statement to the effect that “I will sell golf products at KRW 1.60,00,00” on the Internet NA-based bulletin board, and “I will sell golf products at KRW 1.60,00,00” and “I will send to the victim D who reported this fact.”

However, even if the defendant receives money from the injured party, the defendant did not have the intention or ability to send a golfization.

The defendant deceivings the victim as above and transferred KRW 160,000 to the Nonghyup Bank account (E) in the name of the defendant around 09:50 on the same day from the victim.

Summary of Evidence

[2017 Highest 2948]

1. Statement by the defendant in court;

1. Each petition and statement of F, G, H, I, J, K, L, M and C;

1. Responses to the execution of a warrant of search and seizure for each search and inspection;

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on transfer transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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