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Reasons
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(영문) 대구지방법원 김천지원 2018.07.10 2018고정99
사기
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Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

"2018 High 99"

1. In September 2017, the Defendant: (a) visited the Defendant’s residence located in Kumi-si B, 2017, posted a notice on the Internet site’s sales of LG Blus earphones; and (b) reported to and contacted the Defendant C with the victim “on the first hand remittance of money.”

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party, he did not have any intention or ability to send the earphone which was promised.

Defendant deceiving the victim as above and received KRW 85,000 from the victim on September 19, 2017, one bank account (Account Number E) in the name of D around September 19, 2017, and received KRW 85,000 from the victim from the victim, and received KRW 340,000 from the victims on a total of four occasions from October 30, 2017, as shown in the List of Crimes.

"2018 High 110"

2. On October 29, 2017, the Defendant sells “LG HBS-1100 Hphones” posted by the Defendant on the Internet marketplace prior to the location where it is unknown.

A false statement was made to the effect that the victim F, who reported the purport of “” and made contact with the Defendant, would send Hphones if he/she would be paid in advance.

However, even if the injured party deposits the price, the Defendant did not have any intent and ability to send the hedge.

The defendant deceivings the victim as above and was used by the defendant on the same day from the victim.

D Receipt of KRW 85,00 through a new bank account (Account Number G) in the name of the D and defrauded it.

Summary of Evidence

"2018 High 99"

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

1. Written Statements of C, H, I, and J;

1. Each letter of transfer details and materials to be submitted, and each reply material "2018 high-level 110";

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

1. The document of F;

1. Application of Acts and subordinate statutes on transaction statements and disposable new data;

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning the crime, the choice of a fine, and the choice of a fine.

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