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(영문) 광주지방법원 2019.07.18 2018고정1303
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 October 31, 2017, the Defendant posted a notice on the sales text of “the English learning machine in the English language” to D within the “C” located in the Gwangju Mine-gu, Gwangju, and said that the Defendant would deposit the price to the victim E, who reported and contacted the fact, sent the main thing to the Defendant’s home.

However, the defendant did not have the intention or ability to sell the English learning machine.

The Defendant received KRW 500,000 from the victim’s account in his name on the same day as the victim believed to be true by deceiving the victim as above.

2. On February 26, 2018, the Defendant posted a letter of sales of merchandise coupons on G’s bulletin board within the PC room located in the G-dong-dong-dong-dong-gu, Gwangju, and reported and contacted the sales of merchandise coupons, the Defendant stated that “The Defendant deposited money into an account in Korea because he would sell 100,000 won merchandise coupons to 187,000 won.” If so, merchandise coupons will be sent by registered mail.”

However, in fact, the defendant did not have intention or ability to sell merchandise coupons.

The Defendant received 187,000 won from the victim’s account in his name on the same day as the victim believed to be true by deceiving the victim as such.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes on the transfer certificate or immediately transfer details;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 (1) 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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