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(영문) 광주지방법원 2016.09.28 2016고단3480
사기
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant, along with B known in the online game, conspired to obtain money by posting a false statement of sale on the Internet and the Korean camera.

On December 2, 2015, B posted a letter "20,000 won per 3AS chip of non-in," and added a letter "3AS chip of non-use," and notified the victim C (37 Does) (the defendant) of the defendant's contact number to purchase 3AS chip of non-use, and made the defendant trade with the defendant. On deposit of money to the victim, B made a false statement that the defendant will send the goods to the victim, and B promised the purchase transaction of an Internet item.

However, even if the defendant and B received money from the injured party, they did not have the intention or ability to sell the goods to the injured party.

Nevertheless, as mentioned above, B made the victim deposit of KRW 140,00 into the account in the name of Nonghyup Bank (F) used by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written statement of C;

1. Application of the statutes on response data after inquiring about financial transaction information;

1. Article 347(2), Article 347(1), and 30 of the Criminal Act concerning the relevant criminal facts, the choice of a fine, and the selection of a fine;

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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