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(영문) 수원지방법원 안산지원 2018.03.29 2017고단2920
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

On June 3, 2017, the Defendant posted a false advertisement stating that he would sell Nohbuk in the Internet NAV carpet “China”.

Since then, the Defendant made false statements to the victim C who reported and contacted the above advertisement on the same day to the effect that “30,000 won is first remitted and delivered goods on the main page.”

However, the defendant did not possess the above goods, and even if he received the payment from the injured party, he did not have the intention or ability to deliver the goods as agreed.

The defendant deceivings the victim as above and received 330,000 won from the post office account (D) in the name of the defendant on the same day.

In addition, until June 12, 2017, the Defendant received a total of KRW 1,155,000 from five victims for sale of goods at five times as follows.

1 C. C. 1 C. 30,000 N. 330,00 N. Kabbdo (S. Highest Country) on June 5, 2017, N. 2 E. 3 F. 30,000 N. Kabdo (S. Highest Country) on June 9, 2017, 2017, " 30,000 N. Babdo (China Highest Country) on June 240, 2017, 4 G 4 G. 4 " 205,000 N. Highest Republic) on June 205, 207, 5H 5H 4 " 10,00 U.S. Kabdobdona on June 130, 2017, 000 (Korean Highest Republic of Korea), 50,015,00 U.S. evidence

1. Statement by the defendant in court;

1. Each statement of F, C, E, and G;

1. Investigation report (the confirmation and report of additional damage, hearing of statements from the victim by telephone);

1. Application of Acts and subordinate statutes on details of transfers, certificates of details by transaction account, certificates of results of electronic financial transfer, and inquiries about details of financial transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. On December 14, 2016, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was sentenced to imprisonment for six months in the form of fraud and was not accommodated in the probation period.

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