beta
(영문) 울산지방법원 2016.10.21 2016고단2652

사기

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2016, the Defendant: (a) visited Bana, a website, and (b) on May 17, 2016, read “to purchase cultural merchandise tickets” printed by the victim B, and (c) deposited KRW 1.30,00 won into the Kakakao text message, the Defendant would issue a 4-fin number in Chapter 50,00 won if the said victim deposited KRW 1.30,00 won.

"......"

However, as the defendant has already used four copies of the above cultural products right, even if the victim receives the price of the cultural products right, there was no intention or ability to deliver the above cultural products right normally.

The Defendant, by deceiving the victims as above, received KRW 1.30,00 from the victims to the national bank account in the name of the father of the Defendant C under the pretext of the purchase price for around 23:38 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes concerning transfer transaction confirmation;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines (Article 347(1) of the Criminal Act, including the fact that the suspension of execution is revoked and currently serving in prison, the amount of damage is small, and the amount of damage is against the law);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;