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(영문) 부산지방법원 2016.01.21 2015고정4257

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 10, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for fraud, and the above judgment became final and conclusive on April 18, 2012.

On April 6, 2012, the Defendant was hospitalized in the CPC room located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, with a phone call from the victim D, and at the 1,000 local hospital located in Yongsan-gu, Seoul.

(1) if the person is sentenced to any penalty as soon as possible;

The computer is being put on work, and it will be 50,000 won punishment on the 300,000 square.

“A false statement” was made.

However, in fact, while the Defendant joined the Internet “E” as a member and carried out a game called “commercial disputes”, the Defendant was called to the victim with money, and there was no probability of lending money from the victim.

As such, the Defendant, by deceiving the victim, received 2.5 million won from the injured party on the same day.

In addition, the Defendant made a false statement to the victim D on the same day, stating that “A fee of 10% is required to recover the money, and 4.5 million won is to be lent to the victim D.”

However, the Defendant could not withdraw the prize even if the amount of 10% is deposited while he was playing the game called “commercial disputes”.

As such, the Defendant, by deceiving the victim, received 4.5 million won from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A screen on the loan certificate, details of transactions, and commercial disputes;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of punishment for a crime (in all together, selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;