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(영문) 광주지방법원 2020.07.22 2020고정473
사기
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

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

Reasons

Punishment of the crime

On February 3, 2020, the Defendant, at the Defendant’s residence in Gwangju Mine-gu B and C, posted a notice to sell a gallon PC with access to “D”, a medium-sized car page, and received 430,000 won from the victim E who contacted with the notice, to the account in the name of the Defendant.

Then, the Defendant received 430,000 won from the victim F who reported and contacted the same writing to the same account.

However, since the defendant did not have a gallonology from the beginning, even if he received the price from the victims, he did not have the intention or ability to sell the goods.

As above, the Defendant, by deceiving the victims, received KRW 430,00 from the victims each transfer of KRW 430,00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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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