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(영문) 대구지방법원 2018.05.11 2018고정117

사기

Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant shown that the victim D was able to pay the fee by telephone, and applied for the Internet and TV subscription.

However, the defendant did not have the intent and ability to pay the fee even if he was installed on the Internet and TV from the victim, and he was thought to receive money under the pretext of money transfer and use it for personal use.

On May 26, 2017, the defendant deceivings the victim as above, and acquired 4,30,000 won by remittance from the victim under the name of the Saemaul Treasury account (Account Number: E) in the name of the defendant.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the details of transactions of deposits and withdrawals;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.