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(영문) 수원지방법원 2013.09.05 2013고정1279
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant did not have the intent or ability to sell a secondhand North Korea to another person; but the Defendant did not have the intent or ability to sell

1. On July 13, 2010, posted a letter stating that he/she sells Not North Korea on the Internet NVber B bulletin board, thereby reporting that he/she would purchase Not North Korea and sending Not North Korea to the victim C, who called "I will transfer Not North Korea on the face of 850,000 won, first of all, 4,50,000 won, and then will send Not North Korea on the face of her own account (Account Number: D)."

2. The same year;

7. On the 19. 19. The above Kaf, posted a letter stating that he/she will sell Nof North Korea on the bulletin board, and reported it to the victim E who saw to purchase Nof North Korea, will send Nof North Korea to a door-to-door dispatch of 770,000 won, and acquired 770,000 won from the victim who believed it by means of money from his/her own account (Account Number:F);

3. The same year; and

9. 17:40 on the 17:17:40 on the bulletin board of the above Kapet, a false statement to the effect that "Macbuk M 207 KT" is sold, and that "the 6.50,000 won is remitted to the victim G who has placed a telephone, and send it to the Macbuk," and that "the Mac207 KT is sent to the Mac207 KT," the following year from the victim who has

9. 23. 10:28. Around 10:28, 650,000 won was remitted to one bank account (Account Number: D) under one’s own name and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, C, and G;

1. Application of remittance confirmations, certificates of details of deposit and withdrawal transactions, investigation reports (in response to requests for provision of communications data), investigation reports (in relation to results of requests for provision of communications data), replies to requests for details of financial transactions, and provisions of Acts and subordinate statutes

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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