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(영문) 대구지방법원 2017.05.10 2016고정2689
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

The Defendant, at around June 25, 2015, connected to the PC room in the Daegu Suwon-gu Pungdong-dong, the Defendant sold Samsungbro 46-pTVs on the bulletin board at the Internet’s main trading site.

It is written to the effect that “the transfer of money is made to a victim B who reported and contacted that writing,” and “the transfer of money to a victim B.

The phrase “ makes a false statement.”

However, even if the price is paid, there was no intention or ability to sell TV.

The Defendant received KRW 170,00 from the damaged party C’s account (Account Number: D) in the name of the Defendant, from the damaged party, from the time to July 30, 2015, and acquired KRW 639,900 in total on three occasions as indicated in the list of crimes in the following manner.

Summary of Evidence

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

1. Each statement of E, B, and F;

1. Application of Acts and subordinate statutes to the specifications of each transaction, the Stockholm data, the table of account transfer results, and inquiries about the results of transfer;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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