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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1792
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 15, 2016, the Defendant posted a letter to the effect that “Ih Market sells S7 mobile phoness when galloning” on the bulletin board of “Ih Market,” which is a medium goods transaction site on the Internet, and falsely said that I would immediately send money to the victim B who reported and contacted with it.

However, even if the defendant received money, he sent a cell phone to the victim.

there was no intention or ability to act.

The defendant deceivings the victim as above and received 360,000 won on the same day from the victim to the national bank account in the name of the defendant as the mobile phone price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to each closure photograph and details of transactions (Attachment to a copy of a document);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is an unfavorable circumstance where the crime of this case is committed by deceiving the price by pretending the transaction of Internet goods, and the nature of the crime is not good.

However, the fact that the defendant's recognition of facts charged is seriously against the defendant, and the fact that the defendant seems to need to consider equity in the case where the case is pending at the same time with the case where the appeal is pending and the case is pending.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The types of fraud crime group, general fraud, type 1 (less than KRW 100 million), etc. - Provided, That the sentencing criteria are not applicable since they are selected as fines.

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