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Defendant shall be punished by a fine of KRW 700,000.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On January 9, 2013, the Defendant, “2013 Go-Ma3746, the Internet site,” written a statement that the victim C wishes to purchase the home server at the Dong-dong, the Internet site, and then, the Defendant called “on deposit of KRW 260,00,00,000, the home server will deliver one unit of the home server to door.”
However, even if the defendant received money, he did not have the intention or ability to deliver goods.
Nevertheless, the defendant received 260,000 won from one bank account (D) of the defendant on the same day.
"2013 High Court 3969"
1. On September 2012, 2012, the Defendant: (a) during the coffee shop, in which it is impossible to know the trade name of the said agent, the Defendant: (b) took the agricultural bank account (G) passbook in the name of F in the victim’s bank located in the victim’s lock-si, using the gap between the victim and E in the coffee shop; and (c) stolen it.
2. On September 2012, the Defendant posted a letter on September 2012, 201 that connects Internet NAVVV to the gallon J car page at the seat of the I hotel room located in Busan Dong-gu, Busan.
However, even if the defendant received money, he did not have the intention or ability to deliver goods.
Nevertheless, the Defendant, who called the above writing, transferred KRW 2.50,000 to the Victim K, would sell jugalian 10.1,00 won, and received KRW 2.50,00 from the Agricultural Cooperative account of F as stated in the preceding paragraph on September 14, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to C and K;
1. Certificates of account transfer and remittance data;
1. Application of Acts and subordinate statutes to a report on investigation (or a counter investigation of a person under the title of the account), and a report on investigation;
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, Article 329 of the Criminal Act and selection of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;