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Reasons
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(영문) 광주지방법원 2017.01.20 2016고정1781
사기
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1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around May 2, 2016, the Defendant posted a false statement on May 2, 2016, stating that “The Defendant would sell Blus earphones at KRW 55,000,” a medium-sized country car page, an Internet evasion c apartment, using a computer, and that “The Defendant would sell Blus earphones at KRW 55,00.”

However, the defendant did not sell goods.

As above, the Defendant deceiving the above victim and transferred KRW 55,00 from that time to the Gwangju Bank account in the name of the Defendant as the price for the goods on the same day from that time to May 10, 2016, and was transferred by the victims totaling KRW 294,000 as the price for the goods by the following methods: (a) from that time, the Defendant was transferred to the Gwangju Bank account in the name of the Defendant; and (b) from May 10, 2016, to that time,

Accordingly, the defendant was provided property by deceiving the victims.

On January 2, 2016, the Defendant: (a) posted a notice of selling a mobile phone on the Internet-based bulletin board; (b) received KRW 3,805,000 from the victims on 22 occasions, such as deposit of KRW 760,00 from the Gwangju bank account (F) in the name of the Defendant; and (c) received KRW 3,805,00 from the victims on 22 occasions, such as deposit of KRW 760,00 from the Gwangju Bank account (F) in the name of the Defendant.

Summary of Evidence

[2016 High Court Decision 1781]

1. Statement by the defendant in court;

1. Each statement of G, D, H, I, and J;

1. Details of deposits, details of transfers, and details of financial transactions [2016 high-level 1782];

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. Each written statement of E, M, N,O, P, Q, R, TRIPS, U, V, X,Y, Z, AAB, AC, AD, and AE;

1. Details of transfer of each damaged amount and a detailed statement of transfer of the damaged amount;

1. Application of Acts and subordinate statutes to the investigation report (as to the passbook used for committing the crime);

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the crime, the choice of punishment, and the punishment shall be punished by a fine;

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