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(영문) 대구지방법원 김천지원 2013.09.04 2013고단622
사기
Text

A defendant shall be punished by a fine of 500,000 won.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant posted a letter to the effect that “galthot SKT 32 equipment is sold a galthot smartphone terminal by accessing BN, a mobile phone (BM) used by himself/herself,” and, on its bulletin, remitted money to BO, a victim who reported and contacted the above notice, would have sold galthot smartphone as if he/she were sold.

However, at the time, the defendant did not have the above smartphone, and even if he received sales proceeds from the victim, he did not have the intention or ability to sell the above smartphone.

Ultimately, around December 12, 2012, the Defendant, by deceiving the victim, was transferred KRW 260,000 as the sales proceeds of the said smartphone to the account in the name of the Defendant’s Nong Bank (Account Number:BP).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the BO’s petition;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (including the fact that a juvenile is a minor, the fact that the damage was recovered, the defendant was sentenced to imprisonment with prison labor for six months in the Daegu District Court Kimcheon Branch on April 17, 2013 and two years of suspended execution, etc. on the same criminal facts as the criminal facts in the judgment of the court of appeal, and the fact that

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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