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(영문) 수원지방법원 2015.10.15 2015고정1895
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 04, 2015, the Defendant reported that “the purchase of all computers and monitors, etc.,” posted by the victim B in the Internet Nene Heavy Bara, and the fact that the Defendant, despite the absence of intent or ability to send the goods to the above victim, sold goods to direct trade, but the Defendant, even though having contacted the above victim and sold goods to direct trade, would eventually send them to a door-to-door dispatch, and then, the Defendant received 330,000 won from the victim B to the account in the name of the Defendant (Korean bank).

2. On January 22, 2015, the Defendant: (a) reported the purchase of the computer CPU posted by the victim D on the Internet NAV Rona Pene; and (b) made a false statement that the Defendant had no intention or ability to send the said victim with the goods; (c) received KRW 208,000 from the said victim to the account as stated in paragraph (1) for the purpose of selling the goods by contact with the said victim; and (d) obtained the money from the said victim to the account as stated in paragraph (1).

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Application of Acts and subordinate statutes to each of the files filed in D and B and each written statement;

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