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(영문) 서울북부지방법원 2015.11.19 2015고정2003

사기

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and on August 10, 2015, the said judgment became final and conclusive.

At around 14:33 on May 9, 2014, the Defendant stated that “B, an Internet site,” “B,” the victim C, “I wish to purchase a 3dsxl, and a book-to-kicker game room,” and “I will call the victim with the text posted, and sell the content to KRW 3dsxl, 15,000,” and then send the purchase price to the post office.”

However, since the defendant did not have the above game machine, even if he received the money from the victim, he did not have the intent or ability to send the game machine.

As above, the Defendant, by deceiving the victim, received 155,000 won from the victim to the national bank account under the name of the Defendant on the same day, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written confirmation of a bank;

1. Previous convictions in judgment: Application of the Seoul Central District Court Act 2015Kadan1472 Decision 1 copy, case search, undisposition and confirmation report Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. Articles 70 (1) 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;