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수원지방법원 성남지원 2016.08.31 2016고정728
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 31, 2013, the Defendant made a false statement to the victim B, who reported the phrase “as soon as he/she first sent the price for the goods, he/she will deliver the goods to the door,” stating that “The Defendant would deliver the goods to the door, if he/she sent the price for the goods.”

However, there was no intention or ability to deliver the goods even if the goods are paid by the injured party.

As above, a false statement was transferred 28,000 won to the Agricultural Cooperative Account (D) in the same day from the injured party.

2. On January 7, 2014, the Defendant sent to the victim E, who reported the above writing and delivered the purchase intent, the goods will be delivered via a door-to-door, if the Defendant sent the price for the goods to the victim E, who first sent the price for the goods.

A false statement was made.

However, the fact did not have the intention or ability to send the goods even if the goods are paid by the injured party.

As above, on January 7, 2014, the perpetrator received money of KRW 47,00 from the injured party to the Saemaul Treasury account (G) in the name of friendly F F on January 7, 2014, and acquired money of KRW 75,000 through two times.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E, F,

C. Each police statement protocol against B

1. Application of the Acts and subordinate statutes governing the details of online cash payments;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, and the choice of fines (the defendant has been absent on two consecutive occasions on the trial date for formal trial of the summary order of this case). Thus, a judgment shall be pronounced without the statement of the defendant.

Punishment of summary order shall be maintained by taking into account the same criminal records of the defendant and the principal circumstances.

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.