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(영문) 의정부지방법원 고양지원 2015.06.10 2015고정562
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant did not have the intent or ability to sell the goods, the Defendant attempted to contact the victims who posted a sign to purchase the goods on the Internet website with the victims and pretended to sell the goods as if they were sold, and acquired the proceeds by remittance.

1. On October 9, 2014, the Defendant: (a) connected the Internet NAVV Kabro page at a place where it is not known to the Defendant, and (b) posted a notice stating that “the Defendant wishes to purchase a heavy opon and a opon,” which the Victim C posted; and (c) made a false statement that the Defendant would sell a opon and a opon in writing to the victim.

The Defendant received 330,000 won from the victim to the single bank account in the name of the Defendant on the same day.

2. On October 14, 2014, the Defendant made a false statement to the effect that “the Defendant wishes to purchase a heavy and opon 6” that the victim D, by accessing Internet NAVVV Kacin at a place where it is not known, would sell Aphone 6 in writing to the victim.

The Defendant received KRW 1 million from the victim to the single bank account in the name of the Defendant on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each of the files, statements (including attached documents) in D or C;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished by a fine for the same kind of property crime, and repeating the property crime such as being detained and being tried.

On the other hand, the defendant paid the victims the amount of damage after the case, restored the damage, and took an attitude against the victim.

Defendant. Other defendant.

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