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(영문) 창원지방법원 2016.02.17 2015고정1370
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[criminal records] On October 14, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Changwon District Court for fraud, etc., and the judgment became final and conclusive on December 18, 2015.

[Criminal facts]

1. On June 18, 2015, the Defendant: (a) drafted on June 18, 2015, an advertisement on the sale of heavy TV in the Internet and a foreign country’s “Chromarket”; (b) and (c) deposited KRW 3.20,000 to the victim B, the Defendant would deliver the ordered TV on a selective basis to the victim B.

A false statement was made.

However, even if the defendant received money, he did not have the intention or ability to send the goods.

The Defendant, by deceiving the victim, received KRW 320,00 from the NongHyup Bank (D) account in the name of C and acquired it by fraud.

2. On June 25, 2015, the Defendant, on June 25, 2015, written an advertisement that sells TV (LED, 42) on the Internet in a foreign country’s “Chromarket” and sent the ordered TV (LED, 42) to the victim E who reported and contacted the advertisement, on June 25, 2015, if deposited KRW 270,000,000, the Defendant will deliver the said TV on a selective basis.

A false statement was made.

However, even if the defendant received money, he did not have the intention or ability to send the goods.

The Defendant, by deceiving the victim, received 270,000 won from A’s National Bank (F) account and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A book (including a document attached thereto) by each case;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act selection of punishment;

2. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1) shall apply;

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

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

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