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(영문) 청주지방법원 2018.08.23 2018고단808

사기

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On May 7, 2017, the Defendant against the victim C: (a) reported on May 7, 2017, that the victim C purchased a forest game package in the Internet trading site; and (b) received money from the damaged party, the Defendant’s wife did not intend to sell the goods, but did not have the intent or ability to sell the goods; and (c) received money from the damaged party to the KEB bank account in the name of E, and acquired money from the injured party via the victim to the KEB bank account in the name of E.

2. In the same place as before May 8, 2017, the Defendant: (a) reported by the Victim F to the effect that the Victim F purchases a game key to a foreign country among the online trading sites; and (b) the victim F, even if he/she receives money from the damaged party, he/she would send the money first to the victim, even though he/she did not have the intent or ability to sell the goods, and then, he/she received 80,000 won from the damaged person to the account of KEB Han Bank in the name of E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each written petition and each written statement;

1. A written confirmation of transaction details and details of service use;

1. Application of this Act and subordinate statutes by reducing the contents of the Kakao Stockholm conversation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) recognition of and reflects the Defendant’s mistake; (b) agreement with the victims; (c) the amount of damage is not large; and (d) the sentencing conditions under Article 51 of the Criminal Act are comprehensively considered.