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(영문) 서울남부지방법원 2013.04.11 2012고단4082

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 17, 2012, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Incheon District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on March 29, 2013.

On March 12, 2012, the Defendant sent a phone call to the victim B via his/her employees of the company, and said, “The Defendant would pay KRW 2.7 million to the victim, excluding KRW 3,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”

However, the defendant did not have the intent or ability to lend 3 million won to the victim, and tried to pay a small amount of profit by using the Handphone number and certification number of the victim at will.

The defendant received a certification number transmitted from the victim's cell phone (C) from the victim, and paid 29,838 won to the victim's mobile phone (C) at will by allowing the victim to voluntarily enter the Internet items on the website and to look as if he purchases false items, and thereby paying a small amount of 29,838 won over twice.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense, and the choice of a fine;

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;

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