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(영문) 수원지방법원 안양지원 2017.04.21 2017고정112
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 7, 2016, the Defendant posted a notice on the sales of the “Liet No. 29 Liet No. 29” to the Republic of Korea using a mobile phone around November 7, 2016, and received the same attitude from the victim C who reported the fact that he/she would immediately sell all the above teaching districts when he/she paid the payment to the victim C, and received KRW 306,000 from the said victim as the price for the goods under the name of the Defendant.

However, there was no intention or ability to sell school tools normally even if the defendant had been equipped with only 11 of the class 29, among the class 29 and the 11th class class was paid from the injured party due to the lack of many components.

The Defendant, as seen above, received a total of KRW 1,964,00 from the time of deception to November 20, 2016 by receiving money from the method of receiving money in the absence of the intention or ability to sell the goods normally, such as the crime list, from around that time, including by deceiving the victim and taking the money for the goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of respective Acts and subordinate statutes of E and F;

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

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