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(영문) 대구지방법원 김천지원 2016.11.01 2016고정510
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

1. On February 15, 2016, the criminal defendant against the victim B concluded that, in collusion with the wife C, the defendant at the defendant's residence located in Seoul D branch, the defendant reported that, at the defendant's residence located in Seoul D branch, the above C would send to the victim B with a false statement stating that "on sending the price of KRW 107,000 to the victim B who sent the price of KRW 107,00,000."

However, in fact, the Defendant did not have the right to sell to the victim, and was thought to receive only the payment from the victim due to the shortage of living expenses, and thus, the Defendant sent the victim a delivery to the victim of the suspension of double oil instead of divided oil, stating the sender’s address falsely.

Accordingly, the Defendant conspired with the above C by deceiving the victim, and received 107,000 won from the victim to the post office account (E) in the name of the Defendant around the 18th of the same month.

2. On February 18, 2016, the Defendant made a false statement to the victim F, in collusion with the above C, stating that the said C sells the pressure powder posted on the Internet Nurina website at the place indicated in paragraph (1) at the same time, that “If sending KRW 67,00,00, it would send the pressure powder to the victim F.”

However, the Defendant did not have any intention or ability to sell the distributed milk as agreed to by the victim.

Accordingly, the Defendant conspired with the above C by deceiving the victim, and received 67,000 won from the victim to the above account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F and B;

1. Application of Acts and subordinate statutes to the details of the screen output, transfer certificate, the contents of the door-to-door distribution and transport photograph, the detailed inquiry by case as a result of the transfer management, the closure of the conversation and the details of the conversation, and the details of financial information transactions

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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