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(영문) 대전지방법원 천안지원 2017.11.29 2017고단2423
사기
Text

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

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

Reasons

Punishment of the crime

1. The criminal defendant against the victim B, on September 7, 2017, would sell the land to the victim B through the Defendant’s house located at Asan City C and 308 Dong 1204, around September 19, 2017.

‘False speech' was made.

However, even if the victim received the payment, it was thought that it was used as a living cost and disposed of in another place, so there was no intention or ability to send the goods to the victim.

The defendant deceivings the victim as above and received 460,000 won from the victim's bank account in the name of the defendant on the same day.

2. On September 11, 2017, at the place indicated in paragraph 1, around 20:08, the criminal defendant against the victim E posted a letter stating that he/she will sell an Ovise and sell an Ovise at the Internet NAV bulletin board of the country. The criminal defendant against the victim E, who reported and contacted, will immediately send the article to the victim E upon deposit of money.

‘False speech' was made.

However, since the defendant did not have the above visibility, there was no intention or ability to send visual visibility even if he receives the payment from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 500,000 from the victim’s bank account under the name of the Defendant on the same day; (c) received KRW 500,000 from September 12, 2017 to the bank account under the name of the Defendant; and (d) received KRW 1,150,000 in total on three occasions, including deposit of KRW 115,00 on September 13, 2017 and KRW 115,000 on September 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. Application of data-related Acts and subordinate statutes to each transfer statement, letters, and Kakao Stockholm conversations;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime.

In this case.

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