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Reasons
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(영문) 부산지방법원 2015.04.24 2015고단459
사기
Text

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

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

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution with the Busan District Court on February 14, 2015.

1. On August 18, 2014, the Defendant: (a) reported on the Internet NAVV Liberian Republic of Korea on “Sales in gallon No. 3,400,000 won” on the Internet NAC; and (b) made a false statement to the victim B, who sent the money to the Busan Bank A for sale in KRW 3.50,000,000, to the Busan Bank A C; and (c) delivered the goods purchased immediately.

However, there was no intention or ability to deliver the above goods;

Around that time, the Defendant received money of KRW 350,00 from the victim B as the price for goods and acquired it by fraud.

2. On August 19, 2014, the Defendant: (a) written a letter stating that “as a result of selling KRW 400,000,000” on the Internet NAVER in a place unclaimed; and (b) sold in the same way as the above paragraph 1, the Defendant acquired money from the victim D to the Busan Bank Account (E) in the name of the Defendant as the price for goods.

3. On September 2, 2014, the Defendant sold 'No. 3' at Internet NAVV Rona Pene at a place-free shop.

The phrase " shall be written in writing, and it shall be sold in the same manner as described in the above paragraph 1, and shall be transferred from the victim F to the Busan Bank Account (E) in the name of the defendant in the name of the defendant to the price of the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written statement of F and D;

1. Details of transactions by account, submission of a statement of results of transfer, submission of a statement of results of transfer, and submission of a statement of details of transfer by account;

1. The photograph of the contents of text, the photograph of the person who files a complaint, and the photograph of the false product (or the complainant);

1. Application of Acts and subordinate statutes to financial information response data;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. The reflection of the defendant's choice of punishment, and part of the defendant;

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