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(영문) 의정부지방법원 2020.10.07 2020고단4168

사기

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around July 3, 2019, posted a notice to the effect that “I sell Austrias” to his or her Party B, and then transfers KRW 3.50,000 to the victim C who visited her Party C, who reported the notice.

"......"

However, the Defendant did not have the above bank and received money from the victim, but did not have the intent or ability to send the money, and the money remitted from the victim was considered to be used as the Internet gambling fund.

On July 4, 2019, the Defendant, by deceiving the victim as such, received 350,000 won from the victim to the Kakao Bank Account (D) account under the name of the Defendant on July 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on details of deposit transactions in mobile communications to C;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows an attitude against the defendant while recognizing the crime of this case, the defendant pays the victim the amount of damage and the victim does not want the punishment against the defendant, the motive and circumstance of the crime, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, the criminal record relation, etc. shall be comprehensively taken into account.