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(영문) 수원지방법원 성남지원 2014.10.02 2014고정1140
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. On November 27, 2013, the Defendant posted a false statement to the victim B that access the Internet NAV’s website to sell a game machine (PS VITA) by advertising the Internet NAV’s website at an insular site. This paper made the victim B a false statement as if the Defendant sold the game machine.

However, since the defendant did not have a game machine, there was no intention or ability to sell the game machine even after receiving the price from the victim.

Nevertheless, the Defendant acquired 2,10,000 won from the victim to the national bank account (C) in the name of the Defendant on the same day.

2. On December 4, 2013, the Defendant posted a notice to sell toys by accessing the Internet NAVER’s website to sell toyss, and the Defendant made a false statement as if he sold toys to the victim D.

However, the Defendant did not have toys, so there was no intention or ability to sell toyss even after receiving them from the victim.

Nevertheless, the Defendant acquired 90,00 won from the victim to the national bank account (C) in the name of the Defendant on the same day.

3. On December 23, 2013, the Defendant posted a notice on the Internet NAVER’s website to sell Lesys, by accessing the Internet NAVVER’s website, and used this paper as if the Defendant sold toyss to the victim E.

However, the Defendant did not have toys, so there was no intention or ability to sell toyss even after receiving them from the victim.

Nevertheless, the Defendant acquired 120,000 won from the victim to the national bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition of B, D, and E;

1. Application of Acts and subordinate statutes on transfer;

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

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