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(영문) 수원지방법원 성남지원 2018.02.08 2017고단3062
사기
Text

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

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

Reasons

Punishment of the crime

On October 19, 2017, the Defendant posted a letter to the Defendant’s house No. 203 Dong 1005, Seongbuk-gu, Seongbuk-gu, Seongbuk-do, Sungnam-do, stating that the Defendant would deliver the goods first to the victim C, who had contacted with the Defendant, “in access to the Internet,” 470,000 won.

However, in fact, the defendant thought that he will receive only the price of goods from the injured party and did not have the intention or ability to sell the above spread.

The defendant deceivings the victim as above and was delivered 470,000 won to the Saemaul Treasury Account (D) in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and the details of dialogue;

1. Relevant legal provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (i.e., choice of punishment, criminal records of the defendant, degree of damage, agreed points, etc.);

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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