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(영문) 서울북부지방법원 2014.10.24 2014고정2069
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 August 5, 2013, the Defendant posted a letter stating that if the Defendant transfers the price of goods on the Internet NAVV bulletin board, he would deliver the said goods, and received only the sales price of the game machine from those who reported the fact and received the money from those who contact with the Defendant, and sold the “B” game machine on the Internet NAV bulletin board.

1. Around August 5, 2013, the Defendant: (a) made a false statement to the effect that “the Defendant would send money first to the victim D, who had reported the above posts and contacted with the phone (C) text messages used by the Defendant; and (b) received KRW 220,00 from the victim to the Nonghyup Bank account in the name of the Defendant (E).”

2. Around August 6, 2013, the Defendant acquired 190,000 won from the Victim F, which had contacted by the same method as the preceding paragraph, to the same account.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Requests for warrant of search, seizure and verification;

1. Details of the exchange of text messages, remittance receipts, selective receipt photographs, etc.;

1. Details of transfer, the photographic receipt, and the details of text messages exchange;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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

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