logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.03.09 2016고단3749
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 7, 2016, the Defendant, at the Defendant’s home located in Seoyang-gu, Seoyang-gu, Busan on November 7, 2016, sold the NAS Scs and coffees on the bulletin board of the “China-si”, the Internet trading site.

“To send the text “,” and to the victim D, who reported and contacted, send the text “104,00 won to the internal-designated account,” to the victim D.

“The purpose of “ was to make a false statement.”

However, in fact, even if the Defendant did not have dyp coffees, and even if he received money from the injured party as the price for the goods, he thought that he would use it in paying the Defendant’s personal debt, so that the Defendant did not have any intention or ability to sell dyp coffees to the injured party.

As above, the Defendant, by deceiving the victim, received KRW 104,00 from the victim’s new bank account (Account Number: E) in the name of the Defendant on the same day from the victim, and acquired it by fraud, and also received KRW 629,000 in total from around that time to November 8, 2016 by means of the aforementioned methods, such as the list of crimes in the attached Form No. 199 to five times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, and D;

1. Each written petition;

1. Application of each transfer statement and each text message content to statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. On June 24, 2016, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was sentenced to a suspended sentence of imprisonment due to a fraudulent act under the same law and committed the instant fraud during the suspended sentence period.

On January 7, 2016, the Defendant was punished as a fine for a crime of fraud under the same law.

The circumstances after crimes are very bad.

(b).

arrow