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Reasons
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(영문) 청주지방법원 2017.12.21 2017고정642
사기
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A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 4, 2017, the Defendant posted a letter stating that “Ttain shall be sold” on the Internet Neneber’s bulletin board, in an influent park behind the Yongsan-dong Cheongju High School, Yongsan-gu, Yongsan-si, and reported the letter to the victim B who contacted with the Defendant.

However, since the defendant did not have a sales content, even if he receives the payment for the goods from the injured party, he did not have the intention or ability to send the goods.

Accordingly, the Defendant received 370,000 won from the injured party to the account (C) in the name of the Defendant at around 09:25 on the same day.

2. The Defendant, at the same place as Paragraph 1 of the same day, posted a letter stating that “a person sells air-conditionings” on the bulletin board of the Internet NAVB “S” and told the victim D, who reported and contacted the letter, that “a person will send air-conditionings upon the transfer of the price of goods.”

However, as the Defendant did not have any air-conditioning, even if he received the payment from the damaged person, he did not have the intention or ability to send the goods.

As a result, the Defendant received 350,000 won from the injured party to the same account as that of paragraph (1) around August 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. The screen of a sales notice and the screen of a closure of a text message conversation;

1. Application of Acts and subordinate statutes on the screen to the closure of a check on the results of transfer and transfer;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

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