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(영문) 대구지방법원 2017.04.12 2016고정1878
사기
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

[Criminal Records] On November 10, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court on the 18th of the same month, which became final and conclusive on the 18th of the same month.

[Criminal facts] The Defendant, on September 24, 2015, 23:00 around 23:0, Gyeongsan-si B building B, in his/her own residence, 503, is a pop-up shop with a smartphone “sever” medium.

On the bulletin board, a notice on the sale of goods was posted, and on September 25, 2015, the victim C who reported the sales text and contacted with the victim C, “on the deposit of money, the Nowon-gu will send Nowon-gu to the phone.”

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to deliver the goods to the injured party.

As a result, the Defendant received 220,000 won from the injured party who believed to be true, immediately, to the new bank account (D) in his name, and received 1,028,500 won from 5 members, such as the victim C, etc. by October 14 of the same year, as shown in the list of crimes in the attached Table.

Summary of Evidence

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

1. E statements;

1. Documents to cut off the transmission and reception of receipts or trade-related messages, documents to send out the messages, documents to send out the messages (KB National Bank), details of financial transactions (KB National Bank), details of transactions (new bank), and details of the instant detailed information;

1. Previous convictions in judgment: References to inquiries, such as criminal history, search of cases, and application of text of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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