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(영문) 대구지방법원 2017.04.20 2016고단6155
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant posted a notice to the effect that he/she sold “fluore fluor” on the Internet NAV and the Korean car page at a place where it is unknown on March and June 2016. However, the Defendant did not have the said goods at the time and did not have any intent or ability to sell them.

Nevertheless, at around 01:50 on March 15, 2016, the Defendant: (a) received KRW 115,000 from a new bank (Account Number: E) account under the name of the Defendant and did not send goods to the Defendant; and (b) from that time until June 29, 2016, the Defendant received KRW 1,052,00 in total from the said new bank or Defendant’s account (Account Number:F) account in the name of the said new bank or Defendant from June 29, 2016, and did not send goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, C, B, G, H, I, J, K, L, M, and N;

1. A description of telephone conversations, each Kakao Stockholm conversation, and each text message conversation;

1. Application of the details of new bank transactions under the name of the recipient, and some of the details of Korean CTR transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) 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 Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 25 (1), Article 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings;

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