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(영문) 창원지방법원 2019.05.17 2019고단723
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around December 11, 2018, the Defendant, against the victim B, posted a notice to the Internet SNS C, stating that “I will sell contact diskettes,” and made a false statement that “I will give three copies of 10,000 won to the victim B who contacted the above notice.”

However, in fact, the defendant did not have the intention or ability to deliver the above diskettes even if he received the money from the victim for the purpose of receiving the money as the price for goods.

Nevertheless, on December 11, 2018, the Defendant, by deceiving the victim as above, received KRW 100,000 from the D bank account (Account Number: E) in the name of the Defendant from the victim and acquired it by deceiving the victim.

2. Around December 13, 2018, the Defendant posted a notice to the Internet SNSC stating that “I will sell contact diskettes,” and made a false statement to the victim F who reported and contacted the above writing that “I will give a ticket to the remittance of KRW 80,000 won.”

However, in fact, the defendant did not have the intention or ability to deliver the above diskettes even if he received the money from the victim for the purpose of receiving the money as the price for goods.

Nevertheless, on December 13, 2018, the Defendant, by deceiving the victim as above, received 80,000 won from the D Bank account (Account Number: E) in the name of the Defendant from the victim and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. B, and each petition prepared by the F;

1. Application of each remittance certificate Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection 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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: the age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime.

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