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(영문) 부산지방법원 2019.02.18 2018고정1647
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 19, 2016, the Defendant: (a) told the victim C, who visited and reported the content that the Defendant sold the Nowon-North Korea posted to “B”, a transaction of smartphone goods, at a place where Busan is unknown; and (b) said, that the Defendant sold the Nowon-North Korea to KRW 180,000.”

However, due to the fact that the defendant did not have the above North Korea, even if he received the price from the victim, he did not have the intention or ability to sell the above North Korea.

The Defendant, by deceiving the victim as above, received KRW 180,00 from the victim, a transfer of KRW 180,00 as the sales proceeds from the D Bank account (E) under the Defendant’s name on the same day.

2. On September 27, 2016, the Defendant: (a) reported the content that the Defendant sold the Not North Korea posted to “F”, which is an Internet goods transaction site; and (b) told the victim G, who contacted with the Defendant, to sell Not North Korea at KRW 200,000.”

However, due to the fact that the defendant did not have the above North Korea, even if he received the price from the victim, he did not have the intention or ability to sell the above North Korea.

The Defendant, by deceiving the victim as above, received KRW 200,00 from the victim to the D bank account (E) in the name of the Defendant at around 19:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol to C and G

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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