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(영문) 수원지방법원 2020.10.21 2020고정1023
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around August 5, 2018, the Defendant, against the victim B, posted an online “E” camera in the Defendant’s residence located in Suwon-si, Suwon-si, the Defendant reported the sales of goods to the Internet “E” camera, and issued the victim B with a false statement to the victim B who contacted the payment.

However, the defendant did not have a PC traffic card, and even if he receives the price from the victim, he did not have any intention or ability to send the PC traffic card to the victim.

The Defendant received 850,000 won from the victim to the corporate bank F account in the name of the Defendant on the same day.

2. Around August 9, 2018, the Defendant against the victim G made a false statement to the Internet “E” camera in the Defendant’s residence located in Suwon-si, Suwon-si, the Defendant posted a list of goods on the Internet “E” page. The Defendant reported and contacted the list of goods to the victim G who sent the list of goods to the victim G.

However, the defendant did not have a beer prone so that he did not have the intention or ability to send beer prone proto to the victim even if he receives the price from the victim.

The defendant acquired 1,700,000 won from the victim to the corporate bank F account in the name of the defendant on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement in B and G;

1. The application of Acts and subordinate statutes on reply to communications data shall apply to data to be submitted by victims, written complaint, data to be submitted by complainants, warrant correspondence data, internal investigation report (with respect to DIDs used for committing a crime), and communications data;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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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