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(영문) 서울남부지방법원 2017.11.28 2017고단5010
사기
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

피고인은 2017. 7. 22. 18:28 경 서울 강서구 I 아파트 101동 1303호에 있는 피고인의 집에서 중고 물품 거래 인터넷 사이트인 중고 나라 카페에 피해자 AM이 ‘ 꼼 데 가 르 송 가 디 건 구매를 원한다.

“To report the posting of this writing to the victim, and to contact the victim, and deliver a dial of “200,000 won by transferring it to the victim.”

“A false statement” was made.

However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the above goods.

Nevertheless, the Defendant, as seen above, received KRW 200,000 from the victim by deceiving the victim and deceiving him to transfer the victim to the bank account (P) account of the Defendant under the name of the Defendant on July 22, 2017 as the price for goods around 19:38, and received a total of KRW 1380,000 through the above method from the victims from around that time to August 3, 2017.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. AM,N, AO, AP, and Q;

1. A photograph of a fash message and a closure on the website of the middle and high country;

1. Application of Acts and subordinate statutes of the TOSS of a written confirmation of the results of electronic financial transfer, a detailed statement of deposit transactions, and a written confirmation of service use;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act for the selection of punishment for a crime (a punishment shall be punished by a fine in consideration of the factors of sentencing disadvantageous to the offender, the amount of damage, the amount of damage, and the fact that all damage have been recovered);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 of the Criminal Procedure Act involving Costs of Trial;

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