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(영문) 서울남부지방법원 2018.11.12 2018고단4447
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 2018, the Defendant posted a notice on the NAV, an Internet site, and the Korean car page, stating “Sales of external hard disks.”

However, in fact, the Defendant did not have the intention or ability to sell the external hard disc to the purchaser, because the Defendant thought to use it as living expenses even if receiving the external hard disc price and did not have the external hard disc that could be sold.

Nevertheless, Defendant C, who reported and contacted the above notice, will deliver the outer hard disks if the Defendant golded in advance the external hard disc.

“A false statement,” and it received KRW 70,000 won on the same day from the injured party to the bank account (Account Number: D) in the name of the Defendant’s name, from the time on August 20, 2018, from that time, by deceiving the victims by the same method six times in total, as shown in the crime list from August 20, 2018, and received a total of KRW 420,000 in the name of the external hard disc proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written petition;

1. Application of Acts and subordinate statutes on response to corporate banks;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (the recovery of damage was made by repaying the amount of damage to the victims, and the combined amount of damage was 4.20,000 won and relatively insignificant);

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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