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(영문) 서울중앙지방법원 2013.09.27 2013고정2103
사기
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

[2013 fixed-term 2103] The Defendant: (a) posted a photograph of the product on the Internet NAC website on December 2, 2011; and (b) read the above text and read it to the victim D, who called “I would sell cot to KRW 110,000,00,000, and then deliver the product.”

However, since the defendant did not have the above goods, even if he received money from the victim, he did not have the intent or ability to deliver the above goods.

Nevertheless, the Defendant, by deceiving the victim as above, received 110,000 won immediately from the victim and acquired it by fraud.

[2013 High Court Decision 2165] On April 15, 2011, the Defendant inserted an article into Internet Carbook E, stating that “The Defendant shall sell the Clura” Clura at KRW 600,000,000, and that “The Defendant shall deposit KRW 540,000,000 in one bank account (G).”

However, even if the victim deposits money, the defendant did not have the intention or ability to keep the margin.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving the victim, remitted the sum of KRW 540,000,000 from the victim on April 16, 201 and KRW 540,000,000 from April 18, 2011, and acquired it by deception.

Summary of Evidence

[2013 High Court Decision 2103]

1. A protocol concerning the police interrogation of the accused;

1. Written statements prepared in D;

1. Transfer certificate (2013 High Court Order 2165);

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on response to requests for details of financial transactions;

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(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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