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(영문) 광주지방법원목포지원 2020.12.04 2020고단810
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On January 13, 2020, the Defendant posted a false statement on the bulletin board of the “PPF” on the mobile app “B” in the Southern-gu Incheon Metropolitan City EPC room, stating that the Defendant sold KRW 120,000 mobile phone to KRW 120,00,00,000, and that the Defendant sold the goods to the victim B who reported and contacted the letter “I will sell the goods if you deposit KRW 120,000 in the account.”

However, the defendant did not actually have any goods and did not have any intention or ability to sell the goods even if he receives money from the victim.

The Defendant received 120,000 won from the victim to January 16, 2020 from the same day as the price for the goods, from the victim, in the name of the goods.

2. On January 19, 2020, the Defendant posted a false statement on the bulletin board of the “PPF” on the mobile app “B” on the PC room located in Nam-gu Incheon Metropolitan City, Nam-gu, stating that the Defendant sold KRW 120,000 mobile phone, and that the Defendant would sell goods if the Defendant deposited KRW 70,000 won in the account with the victim H who reported and contacted the statement.

However, the Defendant did not actually possess any goods and thus did not have any intention or ability to sell the goods even if he receives money from the victim.

The defendant received 70,000 won from the victim to the Kakao Bank (G) account in the name of the defendant on the same day as the price of goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and B;

1. A certificate of deposit, the contents of each FMes dialogue, the contents of each mobile phone message dialogue, the details of accounts in the Kakao Bank Account Account transactions, and the application of statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 (the defendant is a person aged 18 or older) of the Criminal Act for the order of provisional payment. Article 334 of the Criminal Procedure Act.

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