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(영문) 청주지방법원 2014.06.12 2014고정423

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 February 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Cheongju District Court for fraud, etc., and the judgment became final and conclusive on May 16, 2014.

[2014 High Court Decision 423]

1. On June 5, 2013, around 10:10, the Defendant sent a false text message to the Defendant’s home located at the Defendant’s house located at the Internet Niber C bulletin board, and sent a text message to the effect that “If the Defendant transfers KRW 230,000 to the Defendant’s account F in the name of a new bank, he/she will send three copies of the E Jinju Twit Twit book to the effect that “The Defendant will send 230,000 won.”

However, the defendant did not have a contact pocket, so even if he received the money from the victim, he did not have the intention or ability to send the ticket.

On June 5, 2013, the Defendant received 2.30,000 won from the victim to the new bank account (F) in the name of the Defendant in the name of the Defendant, and acquired it by fraud.

[2014 fixed 427]

2. On June 19, 2013, the Defendant: (a) published on the Internet C bulletin board the statement that “the Defendant would purchase two copies of the instant G Contac”; and (b) made a false statement that the Defendant would sell two copies of the G Contac in writing to the victim H.

However, the defendant did not have the intention or ability to sell the betting slips.

On June 19, 2013, at around 13:30 on June 19, 2013, the Defendant acquired money from the victim by means of account transfer and acquired it.

Summary of Evidence

[2014 High Court Decision 423]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Transfer receipt or text message (2014, fixed 423);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. A copy of official receipt and text message [the previous record on the market];

1. Previous records: Application of Acts and subordinate statutes governing the latter concurrent judgments;

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