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(영문) 대전지방법원 2015.07.01 2015고정168
사기
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

On October 16, 2012, the Defendant posted a letter stating that “the petitioner purchases the Spag Spag Spag at the Internet auction site” at the French site, and reported that “The Defendant would sell the parts to 200,000 won, which is a low price for the parts.”

However, even if the defendant receives the Estitu sum from the victim, he did not have the intention or ability to sell the Estitut.

The Defendant, by deceiving the victim, was transferred KRW 20,00 to a new bank passbook (Account Number C) in B under the name of the victim for the sale of the EF.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of D’s written statements and written evidence Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] 20 million won or less (the decision of sentence] several times and records of different crimes, the Defendant’s age, occupation, environment, circumstances of the instant crime, details, circumstances after the commission of the instant crime, etc. were considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act.

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