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(영문) 대전지방법원 2013.11.28 2013고단3851

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 25, 2013, the Defendant posted a false statement on the Seo-gu, Daejeon, 205 Dong 1403 (D apartment), the Defendant’s residence, stating that “The Defendant will send three copies of 100,000 won (10,000 won, if sent 2.50,000 won) to the victim F who reported and contacted the statement.”

However, in fact, there was no intention or ability to send the above merchandise coupon to the victim.

As such, the Defendant, by deceiving the victim, received 180,000 won from the victim to the national bank account (G) in the name of the defendant on the same day and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the fact that the sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the fraud, the amount of damage, the same criminal record (one time of suspended execution, three times of fines), and the crime during the suspended execution period;