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(영문) 창원지방법원 2017.05.02 2016고단4364
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 11, 2016, the Defendant posted a letter on the website of “China and Highest Countries” at Changwon-si, which reads that “if you send money, you will send 3 gallon gallon thallon thallon thallon thallon thallon thallon thallon thallon thallon thallon thalth.”

However, even if the facts receive money from the injured party, they send jum 3 jum jum.

there was no intention or ability to act.

The Defendant received KRW 120,00 from the injured party on the same day to the Defendant’s parallel account, and received a total of five times from June 11, 2016 to June 21, 2016, a total of KRW 600,000 from the victims by the following methods: (a) the Defendant was transferred from June 11, 2016 to June 21, 2016.

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

Summary of Evidence

The defendant's legal statement E, F, G, C, and H's each of the documents and statements, and the application of the law of evidence of transfer confirmation

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. Selection of an alternative fine for punishment;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouses are that the Defendant sells a mobile phone, and the Defendant was subject to a suspended sentence of imprisonment with prison labor for committing a crime of which money was biased, and the Defendant committed the instant crime under the same law during the suspended sentence period.

However, the total amount of damage is not more than KRW 600,000, and the amount of fraud has been returned within 200 days, the defendant is divided and contradictory, and the various sentencing conditions shown in the records and arguments of this case shall be considered and sentenced to a fine as ordered.

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