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(영문) 부산지방법원 2016.09.22 2016고정1517
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, along with pro-Japanese and the post-ry female-friendly job offers C, posted an article on the Internet website, NAB, and sold a 2-brop poxed or smartphone, etc. in the Internet site, and conspired to obtain money from the victims who reported this, by iceizing the sale of a hamp, etc.

Around April 11, 2015, the Defendant and B and C posted a false statement to the effect that “I will send Ampis if I will send money. I will send Impis” to the victim E who had contacted the Internet site with the content that “Impis will sell Impis 2 Bmpis.” in the Defendant’s residence located in Young-gu, Gyeonggi-do D 201.

However, the defendant, B, and C did not have a failure, so even if they received money from the injured party, they did not have the intention or ability to send such money to the injured party.

The Defendant and B, and C, as such, were accused of the victim and transferred KRW 350,000 as the price for goods to a new bank account in the name of B on the same day from the victim.

In addition, the defendant and the above B and C have the same year from April 11, 2015.

4. From around 20 to around 20, a sum of KRW 980,000 was transferred from the victims to the above account in the name of the victim as stated in the list of offenses in the attached Form No. 3 times by the same method as above.

Accordingly, the defendant, in collusion with B and C, received property from victims by deceiving victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Each statement of E, F and G preparation;

1. A detailed statement of account transactions;

1. Application of CCTV data-related statutes;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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 (2) of the Criminal Act to attract a workhouse.

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