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(영문) 대전지방법원 서산지원 2017.06.16 2017고정105
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On December 16, 2016, the Defendant: (a) visited the victim D’s cell phone site using his/her mobile phone at the French site; and (b) told the victim D, who reported and contacted the advertisement, that “if sending KRW 200,000,00,000, the Defendant would send the goods to the phone.”

However, even if the defendant received 200,000 won from the injured party, he did not intend to sell the above bank.

At around 10:00 on the same day from the person who was accused of the victim as above, the Defendant received 20,000 won from the national bank account (E) in the name of the Defendant to receive the money as the price for the goods and acquired the property of the victim.

2. On January 8, 2017, the Defendant: (a) posted an advertisement stating that “The Meart City will sell the Meart City” on a middle and high-class website; and (b) told the Victim FF who contacted the advertisement that “on the face of KRW 190,000,000, the Defendant sent the goods to the Meet.”

However, even if the defendant received KRW 190,00 from the injured party, he did not intend to sell the above bank.

At around 17:31 of the same day from the person who was accused of the victim as above, the Defendant received 190,000 won from the national bank account in the name of the Defendant to the national bank account in the name of the Defendant and acquired the property of the victim by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to a certificate of account transfer verification, a receipt of account transfer, or a photograph of the closure of a text message;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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