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(영문) 서울북부지방법원 2018.10.18 2018고정1081
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 9, 2017, the Defendant, at a place not known to the Defendant, posted a false letter stating that he/she would send goods if he/she deposits KRW 400,000 to the victim B who contacted by accessing the Internet, a trading site of secondhand goods, to the NAV, which is a trading site of secondhand goods.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send the goods to the injured party.

As such, the Defendant, by deceiving the victim and acquiring 400,000 won from the victim to the company bank account (C) in the name of the Defendant on the same day as the price for the goods on the same day, and by receiving the total of 1,180,000 won from the time to December 30, 2017 as the price for the goods on three occasions, such as the list of crimes in attached Table.

Summary of Evidence

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

1. Each petition and statement of B, D, and E;

1. Details of each text message;

1. Application of Acts and subordinate statutes to the bank's internal calendars, remittance confirmations, detailed statements of deposit transactions, written confirmations on the use of services, and details of deposits and withdrawals for each receiving period;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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