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(영문) 전주지방법원 2018.01.19 2017고단2094
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. On November 13, 2016, the Defendant posted a false statement that “I will send goods if I send the price to I,” by accessing “I,” a middle and high-class trading site, and selling I, for KRW 200,000.”

However, since the defendant did not possess the above goods, there was no intention or ability to send them even if he receives the price for the goods from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 200,000 won through the account of the North Korean bank (C) in the name of the defendant on the same day from the victim.

2. On November 14, 2016, the Defendant posted a false statement to the victim D, who reported and contacted the sales of goods at KRW 90,000,00, by accessing a fold site, a middle and high trading site, and selling KRW 100,00,00.

However, since the defendant did not possess the above goods, there was no intention or ability to send them even if he receives the price for the goods from the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 90,000 won to the account of the North Korean bank (C) in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of B and D;

1. Details of the Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes on transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the point of fraud 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. The fact that the defendant recognizes the crime of this case and the total amount of fraud is not the maximum amount for the reasons favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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