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(영문) 광주지방법원 2016.11.30 2016고단4418
사기
Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Around June 15, 2016, the Defendant posted a notice to the effect that the Defendant would sell mobile phone at the Defendant’s residence located in Naju-si B apartment 106 Dong 602, a mobile “place of opening” bulletin board.

When the defendant transfers 83,00 won to the victim C who reported and contacted the above writing on the same day, he will send jugal lusium 5 to the victim C.

The Defendant made a false statement. However, even if receiving money from the victim, the Defendant did not have any intention or ability to sell a mobile phone. The Defendant, by deceiving the victim, received KRW 83,000 from the victim to the agricultural bank account under the name of the Defendant, under the name of the Defendant, as the sales proceeds of the mobile phone on the same day. On July 30, 2016, the Defendant sold her mother and child on the mobile “place of opening” bulletin board around July 30, 2016.

The Defendant posted a false statement to the effect that “the Defendant would send her mother and child to her home if he/she remitted 36,000 won to the victim D who reported and contacted the above writing on the same day.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the mother and child.

The Defendant, by deceiving the victim as such, received 36,000 won from the victim to the agricultural bank account under the name of the Defendant or E under the pretext of selling her mother and child on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement;

1. A written statement of C and D;

1. The contents of the Kakao Stockholm dialogue and the contents of the conversation related to transactions;

1. Application of the details of transfer, and deposit receipt statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows, and the age, character and conduct, environment and crime of the defendant are as follows.

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