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(영문) 부산지방법원 2016.07.22 2016고정1583
사기
Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 24, 2015, the Defendant called the victim B who carries on the export business of a secondhand phone with a mobile phone at a place where it is impossible to know the location of around 14:00 on September 24, 2015, saying, “If the Defendant pays the price in advance in advance, he will do so on the next day.”

However, even if the defendant did not secure a heavy cell phone and received the payment from the injured party, he did not have any ability or intention to sell the heavy cell phone to the injured party.

Nevertheless, the Defendant, by deceiving the victim as such, received 4 million won from the victim to the Saemaul Treasury account in the name of the Defendant in the name of the Saemaul Bank in the name of the Defendant at around 15:00 on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the details of withdrawal;

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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