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(영문) 창원지방법원 2020.06.30 2019고단3635
사기
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. On July 16, 2019, the criminal defendant committed the crime of July 16, 2019 stated that “I, on the bulletin board of the B used goods trading site, sell the S10 mobile phone at gallon, publish a letter “I,” and then, if I reported and contacted the money to C, I would deliver the said goods by on-house transfer.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to provide the above things.

The Defendant, by deceiving the victim as such, received 300,000 won from the victim’s account under D’s name, which is the same day as that of the said goods, from the victim.

2. On July 28, 2019, the Defendant, on July 28, 2019, posted a false statement that “I would sell S10 mobile phones on the bulletin board of the B used goods trading website at a gallon and deliver money to the victim F who reported and contacted, if I would deliver money to the victim F.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to provide the above things.

The Defendant, as such, deceiving the victim, and deceiving him from July 28, 2019 to the same year.

7. Until December 29, 200, a total of 450,000 won was remitted to the Kakao Bank Account (Account Number: E) in the name of the person in question in the name of the person in question.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and statement of the victims;

1. A remittance statement and data from the details of conversation;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)3, and Article 50 of the Criminal Act among concurrent offenders, even though the Defendant had already been sentenced several times of punishment for the same kind of crime, the Defendant is guilty at the Changwon District Court on April 26, 2018.

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