logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.20 2017고단6510
사기
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On June 16, 2016, around 15:30 on June 16, 2016, the Defendant, at the Defendant’s house located in Seongbuk-gu Seoul Metropolitan Government, written a written statement on the purchase of “6S when gallon gallon,” posted on the Internet bulletin board, and contacted the victim by telephone, and give and take money to the victim with the object of sending a person.

“The Defendant sent the Defendant’s domicile in writing, and paid 220,000 won, he/she acted as if he/she sold the heavy cell phone.

However, in fact, the defendant did not have intention or ability to sell the product even if he received 6S sales amount from the injured party.

The Defendant deceptioned the victim as such, and was transferred KRW 220,000 from the victim on June 16, 2016 to the account (E) of Han Bank in the name of the Defendant around 16:31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. A written petition and a written statement prepared by the victimD;

1. A report on internal investigation ( CCTV photographs of a golder);

1. Application of this Act and subordinate statutes (No. 18) to an individual’s entry into and departure from the Republic of Korea (No. 7 times a year), a certificate of transfer confirmation (No. 17 times a year), and a course of writing dialogues;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment [the defendant has been punished for the same kind of crime even prior to the instant case, and there are several recommendations for the crime of fraud (the transfer of the instant crime). However, the criminal liability is not easy in that he/she again committed the instant crime.

However, the sentencing guidelines are not applied since the defendant is fully admitted to facts constituting an offense, and the defendant is punished by a fine in consideration of the circumstances such as the compensation for damage to the victim after the prosecution is made and the agreement is reached.

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The summary of the claim.

arrow