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(영문) 인천지방법원 2015.10.14 2015고단4087
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000, respectively.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 16, 2015, the Defendant posted a false letter of sale, “I will sell S4 mobile phones at gallon S4 mobile phones” on the packaging bulletin at a place where it is impossible to identify the place, and said I would like to send a mobile phone to the victim B who reported and contacted with it.

However, the defendant did not have a mobile phone so that he did not have any intention or ability to sell the mobile phone with money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 140,000 won from the victim’s credit account under the name of the Defendant on the same day, and acquired 433,000 won in total on three occasions from around that time to March 19, 2015, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition filed in B, D, and E;

1. Application of Acts and subordinate statutes on transfer;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] General Fraud [Article 334(1) of the Criminal Procedure Act of the same type [Article 334(1) of the Criminal Procedure Act of the same Act of Korea] [Article 333,00 won or less] of the same repeated crime [Article 1 to two years] [Pronouncement of sentence] of the same repeated crime [Article 1] of the same type of punishment [Article 334(1) of the same Act], after selecting a fine beyond the scope of the recommended sentence, taking into account all the following circumstances, the sentence is determined as indicated in the order. The favorable circumstances recognize and reflects one's wrong: (a) purchase of the goods at the middle and Nara website site to sell them by adding 1-20,000 won to victims; (b) however, the goods could not be purchased due to lack of funds due to the actual employment at that time; and (c) transfer the amount of damage to victim KRW 43,00,00.

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