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(영문) 대구지방법원 의성지원 2015.10.08 2015고단131 (1)
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 is separated from the defendant B's oral argument and, together with the defendant C, posted an advertisement stating that the goods will be sold in the Niberian bulletin board while there is no intent and ability to sell them, thereby soliciting the victims who reported it to obtain money from them. The defendant provided mobile phone and account and provided false advertisements on the Internet bulletin board, and the defendant deceivings victims by posting false advertisements on the Internet bulletin board and shared the role of withdrawing money from transfer to B's account.

B Around August 21, 2014, around 201, after providing the Defendant and C with his mobile phone and passbook of community credit cooperatives (F) at his own dwelling area E 208, the Defendant, at C and on August 22, 2014, posted a letter to the effect that the Defendant, despite having no intention or ability to sell the goods, would sell the goods, he would have the intention or ability to sell the goods, and then, the Defendant was urged the victim G who reported the above letter to the effect that “the sale of mountain milk” was “the sale of mountain milk” as above, and was transferred KRW 190,000 to the said account of community credit cooperatives to the victim.

In addition, from around that time to August 25, 2014, the Defendant acquired the total amount of KRW 644,000 from the victims on five occasions, such as the statement in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and C;

1. Application of the respective laws and regulations of G, H, I, J, and K

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

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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