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(영문) 인천지방법원 2017.01.23 2016고정2841
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

The Defendant, on March 16, 2014, sold new letters at the website of the Republic of Korea, NVV.

After posting the phrase “after making a false statement,” the victim B who reported and contacted this writing sent a new letter if deposit KRW 130,000 is made.

However, even if the victim receives the price of the goods, there was no intention or ability to sell the goods.

The Defendant, by deceiving the victim as such, received 130,000 won from the damaged person immediately as the price for the goods.

On the same day, the defendant continuously accused the victim C by the same method and received 130,000 won from the damaged person immediately as the price for the goods.

Accordingly, the defendant deceivings victims, thereby obtaining a total of 260,000 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the respective laws and regulations in B and C

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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