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(영문) 수원지방법원 2017.08.10 2017고정711

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person acting as a travel agent for the victim C.

On September 2016, the Defendant made a false statement to the victim C through the mobile Messen, stating that “When he transfers KRW 4 million to the Guam travel, he/she will be allowed to travel through D.”

However, the defendant had no intention or ability to act on his behalf from the beginning.

As such, on September 26, 2016, the Defendant, by deceiving the victim, received KRW 4 million from the victim, via the National Bank Account (E) in the name of the Defendant.

2. The Defendant committed a crime against the Victim F by telephone around September 26, 2016, provided that he/she performed his/her duty to act as an agent for the victim’s friendship overseas travel by means of the same method as that of paragraph (1) against the victim F by telephone, and received a total of KRW 4,300,000 from the account as referred to in paragraph (1) on two occasions under the pretext of aviation fees and lodging expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Each complaint;

1. Certificates of reservations;

1. Details of conversation between each defendant and Kakaoo;

1. Details of conversation D and Kakao Stockholm;

1. Application of the Acts and subordinate statutes to inquiries about the results of the transfer by the Korean bank;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s wrong recognition of his/her mistake, the fact that there was no record of punishment for the same kind of crime, most of the damages have been recovered, and other circumstances that form the conditions for sentencing as indicated in the record, including the circumstances leading to the crime, shall be determined as ordered by comprehensively taking into account.