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(영문) 수원지방법원 2020.02.13 2019고정1685
사기
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On December 7, 2018, the Defendant, at the Internet C website, posted a false letter to the effect that “Aphone8 is sold”, and falsely read to the victim B, who reported and contacted it, “I would send Aphones if I remitted KRW 350,000,” and then received 350,000 from the victim to the corporate bank account (D) in the name of the Defendant on the same day.

2. Around December 7, 2018, the Defendant, at the Internet C website, posted a false letter to the effect that “Aphone8 is sold”, and received 330,000 from the victim E who reported and contacted the false statement to the effect that “Aphone8 is sent if a remittance of KRW 330,000 is made,” and received 330,000 from the victim to the corporate bank account (D) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of B and E;

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

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

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

1. In light of the Defendant’s previous conviction and relationship with the sentencing reason under Article 334(1) of the Criminal Procedure Act, and whether the Defendant has recovered from damage, it is difficult to view that the Defendant’s fine for the summary order is imposed.

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