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(영문) 서울동부지방법원 2017.02.07 2016고정2050
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

On April 17, 2016, at the Defendant’s house located in Seoul Special Metropolitan City, Gwangjin-gu B and 102, the Defendant posted a notice on “hye Market” bulletin board of the “hye Market” online trading website using smartphones, and the Defendant said that the victim C, who reported and contacted, deposits KRW 50,000 to a new bank account (D) via a cell phone message, would deliver goods.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to sell the goods.

As such, on April 17, 2016, the Defendant, by deceiving the victim, received 50,000 won from the victim to the new bank account under the name of the Defendant, as the price for goods, from the time on May 14, 2016, and received a total of 580,000 won from the time to May 14, 2016, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement in C, E, F, G, H, I, and J;

1. The application of statutes to inquire about each petition, transaction tax inquiry, each letter of text message, each document of confirmation of transaction details, transfer status, receipts, Internet screen closure, each account transfer confirmation, immediately, inquiries about the results of transfer, liquidity transaction details, and the application of relevant statutes;

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. 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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