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(영문) 창원지방법원 통영지원 2018.08.30 2018고단755
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

On October 14, 2017, the Defendant: (a) connected the Internet at the macro-spon site, and posted the victim B’s “C” Rober “C to purchase 18 net wheel chairss; (b) contacted the victim; and (c) made a false statement to the effect that “on the back of the distance, 105,000 won would be sent to the cargo dispatch if the transfer is made with the prior entry deposit,” and “on the other hand, 105,000 won would be sent to the cargo dispatch.”

However, there was no intention or ability to send goods even if the defendant received money from the injured party due to the lack of the possession of the goods to be traded at the time.

The Defendant, by deceiving the victim, received 105,000 won from the victim to the Nonghyup Bank account in the name of D around 19:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on account transactions;

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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