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(영문) 서울서부지방법원 2014.05.13 2014고정621

사기

Text

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

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

Reasons

Punishment of the crime

On July 10, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on December 9, 2013.

On January 16, 2013, the Defendant made a false call to the victim C who want to purchase Niceice (Oeosvmp) at the Internet B website, and sent gold KRW 230,000 to the account of the National Bank in the name of D, and made a false statement to the effect that the face-to-face is sent at home.

However, in fact, the defendant did not have the intention or ability to sell the Nice pockets, and was the purpose of allowing the victim to transfer the price to the victim to purchase from E, a member of the game site.

Accordingly, the Defendant, by deceiving the victim as such, had the victim transfer the amount of KRW 230,00 to E’s mother D account, thereby acquiring pecuniary profits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a written judgment, etc.), and a case agreement assistant;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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