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(영문) 창원지방법원 진주지원 2019.01.25 2018고정330
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 10, 2017, the Defendant posted an article selling “Aphone7” on the Internet website B, and made a false statement to the victim C who had contacted the article to deliver the article by door-to-door distribution.

However, even if the victim is paid the price, there was no intention or ability to deliver the goods.

The Defendant, as seen above, received KRW 400,000 from four victims, as shown in the separate sheet of crime, including the Defendant’s transfer of KRW 400,00 to his D (E) account by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, F, G, and H;

1. Application of Acts and subordinate statutes on the results of electronic financial transfer, the results of transfer management, and the details of deposits;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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