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(영문) 대전지방법원 2014.09.05 2014고정1099
사기
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

The Defendant did not own computers and vehicle strawers, and did not intend to sell them.

On June 16, 2011, the Defendant reported the writing of B(34 years of age, South Korea) (hereinafter referred to as the “C”) that had access to the Internet at the PC located in the PC located in the U.S. Sincheon-si, Gyeonggi-si, Gyeonggi-si, and attempted to purchase the NAV at the Ntp:/caf.naver.com/S.naver.cafe (hereinafter referred to as “htp”) on the Internet, and made the phone call to sell the NAW, and then acquired the money by means of not sending the communication by the victim upon deposit of KRW 470,000 with the “C account in the name of the NA,” and by not sending the goods.

B. On June 24, 2011, the Defendant electricity.

It is electricity to victims E (the aged 30, South) who posted an article in order to purchase 'Saudio studio spacker' on the Doker' page of the Internet portal site at the same place as this paragraph.

In the same way, 150,000 won was received through the same account in the same manner as the paragraph, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of B and E;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is led to confession and reflect, but even prior to the occurrence of the past history of punishment for fraud, the crime in this case was committed in a planned manner, and the amount of fraud was not taken any measures to recover damage, and the amount of fraud, it is reasonable to impose a fine of KRW 2 million within the scope of the punishment punishment (a fine of up to 30 million).

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