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(영문) 서울북부지방법원 2015.02.13 2014고정2025
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 25, 2014, the Defendant posted a letter stating that “LG options 2”, a mobile phone, was sold by accessing the Defendant’s mobile phone at a location 4:00,00 to the Defendant’s mobile phone, and then sent a mobile phone to the victim B who reported and contacted the 80,000 won.

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the mobile phone.

The Defendant, by deceiving the victim as above, received 80,000 won from the victim to the single bank account (C) in the name of the Defendant as the price for the goods.

2. Around April 7, 2014, the Defendant sent a mobile phone to the victim D and E, each of whom he/she reported and contacted with the victim D and E, by accessing the PC room where it is difficult to know the trade name in the Gangnam-gu Seoul, Gangnam-gu, Seoul, to sell the mobile phone identical to the mobile phone as stated in the above paragraph (1).

However, even if the defendant received money from the victims, he did not have the intention or ability to sell the mobile phone.

As above, the Defendant, by deceiving the victims as above, received 85,000 won from the victim D to the one bank account (C) in the name of the Defendant in the name of the victim, and received 85,000 won in total from the victim E in the same manner and acquired 170,000 won from the victim E in the same manner on April 8, 2014.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written statement in B, E, and D;

1. Statement of transaction, copy of passbook, and receipt;

1. Application of the Acts and subordinate statutes governing Stockholm data;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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

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