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(영문) 인천지방법원 부천지원 2017.06.27 2017고정493
사기
Text

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

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

Reasons

Punishment of the crime

1. Around August 30, 2016, the Defendant reported on the advertisement that he purchases buphones on the Internet homepage operated by B, and made a talk that he would sell gallon 7 in jum jum jum jum by communicating the victim C (31 tax and South Korea).

However, the defendant did not intend to sell gallon 7 pule to the victim.

On August 30, 2016, the Defendant received 600,000 won from the victim D to the Saemaul Bank E account in the name of the Defendant, and then sent 17:30 on August 30, 2016, 200 won to the Defendant’s Saemaul Bank E account in the name of the Defendant, and 3:00,000 won, and later, the Defendant sealed and sent 1te smartphones at the front of the 23rd Skwi-si Skset distance.

As such, the Defendant, by deceiving the victim, acquired property equivalent to KRW 600,000 from the injured party.

2. On September 3, 2016, the Defendant reported on the purchase of heavy phones from F around 18:00 on September 3, 2016, and made a false statement that the Defendant sold 7 gallon gale by communicating the victim G.

However, the defendant did not intend to sell the goods.

Nevertheless, around 18:56 on 03. 09. 03. 18:56, it received KRW 700,000 from the H account in the name of the defendant, and thereafter, it was remarkably low, not the goods promised to the Kwikseter sent by the victim in the front of Seocheon-si in Gyeonggi-do, but the value was not the goods promised to the Kwikseter, and the smartphone was enclosed and delivered.

As such, the Defendant, by deceiving the victim, acquired property equivalent to KRW 700,000 from the injured party.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A written statement of G and J;

1. Investigation report (suspect A and wire telephone);

1. Application of each written statement of transfer Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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