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(영문) 창원지방법원 밀양지원 2017.09.07 2017고단304
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 March 9, 2017, the Defendant posted a notice on the Defendant’s house located in C, stating that he sells a high-speed cleaning machine to the Internet NAVER C, and then send a high-speed cleaning machine to the victim D who contacted with the Defendant, first, if he remitted the price of goods to KRW 240,000,000.

“Falsely speaking to the effect that it is “......”

However, in fact, the defendant was planned to use goods for online gambling or living expenses by receiving the price of goods from the injured party, and there was no ability or intention to send the cleaning machine.

The Defendant received KRW 2,40,00 from the damaged party to the Agricultural Cooperative Account (E) in the name of the Defendant as the price for cleaning at around March 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to verify the statements and transaction details of D;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The fact that it is a crime during the period of probation for the same crime, and the circumstances favorable to the fact that it has been punished several times for the same crime: the damage has been recovered.

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