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(영문) 인천지방법원 2017.11.03 2017고정2481
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

1. The criminal defendant against the victim B, on October 21, 2016, who was in his/her residence on March 21, 2016;

C. From 106 to 106, a notice was posted on the Internet D Caf, stating that “to sell an Arabic belt” was “to deposit the price and deliver the Arabic belt to the victim B.”

However, even if the defendant has received the payment from the injured party, he did not have the intention or ability to deliver the belt.

Nevertheless, the defendant deceivings the victim as above and acquired 50,000 won from the victim to the NAF account in the name of E.

2. The criminal defendant against the victim G is the defendant, on October 21, 2016, Jin-jin-gu, Seoul Special Metropolitan City where his/her residence is located.

C. From 106 to 106, a notice was posted on Internet D Caf, stating that “I will deposit the price and deliver the portion to the victim G who reported and contacted that “I will deliver it.”

However, even if the defendant has received the payment from the injured party, he did not have the intention or ability to deliver the distributed milk.

The defendant deceivings the victim as above and received 75,000 won from the victim to the NAF account in the name of E and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in B and G;

1. Application of Acts and subordinate statutes on transfer details to each account;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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