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(영문) 부산지방법원 2014.10.01 2014고정3619
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In collusion with B and C, the Defendant, by deceiving those who have an intention to purchase goods by means of writing as if they sold goods, received money from them as the price for goods, and the Defendant was in charge of writing on the Internet website and telephone contact with the buyer, and the Defendant served as the mobile phone that the Defendant subscribed to in the name of the Defendant.

On May 15, 2012, the Defendant, along with B and C, puts a letter into the Internet site “D” on the medium-line bulletin board of the trading site of “D,” which is an Internet site, and made a false statement that the Defendant would sell the new Amateur upon sending KRW 670,00 to the victim E who made contact.

However, even if the defendant received the money from the victim, he did not have any intention or ability to sell the new safeguard.

Therefore, the defendant received 670,000 won from the victim to the bank account in the name of B, and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

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

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) 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;

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