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(영문) 서울서부지방법원 2018.06.27 2018고정292
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Around December 24, 2016, the Defendant posted a letter of sale stating, “ Samsung Q9500 pop-up” upon accessing the Korean website, despite having no intent or capacity to sell the goods, the Defendant was transferred KRW 1,350,000 from the victim C to the Defendant Nonghyup Bank account (D) at around 23:16 on the same day.

From that time until February 13, 2017, the Defendant received KRW 4,325,00,000 from the victims, by making false statements to the victims, even though the victims did not have the intent or ability to sell the goods as indicated in the list of crimes, and received KRW 4,325,00 in total from the victims.

On December 24, 2016, 2016, the crime method of temporary crime committed on the list of crimes is limited to the victim's committing the crime, posting C 1,350,000 won 15:24 on February 9, 2017, 2017, a notice of "Aphone 7,000 won 3:03:0,000 won 3:75,000 won :75,70,000 won 13:30,000 won 4:75,000 won 75,70,000 won 75,000 won : 75,717,000 won Gabur selling evidence to the Republic of Korea."

1. Statement by the defendant in court;

1. A written statement of E and G preparation;

1. Written petition for the C Preparation;

1. Notice of the result of case processing: Victims (the 52 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (related to whether to reimburse damage);

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant committed a deceptive act against an unspecified person via the Internet, and the crime is not good.

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