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(영문) 부산지방법원 2015.08.19 2015고정2465

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant: (a) purchased goods using B’s mobile phone small payment system from B after having been requested to repair a mobile phone from B known to B; (b) sold the goods; and (c) had C, a mobile phone small payment agent, who became aware of Internet advertisement at the site of Busan (hereinafter referred to as Busan) around August 29, 2014, input B’s mobile phone number into the mobile phone small payment system; and (d) had C, a victim corporation, purchase 29,480 won in total at the market price of KRW 29,480, and bear the purchase price of the same amount from C; and (e) on September 1, 2014, purchased 280,700 won in total from the victim by the same method at the same place; and (e) had C, a mobile phone small payment agent, who has become aware of Internet advertisement at the site of Busan (hereinafter referred to as “B’s small payment system”).

Accordingly, the defendant deceivings the victim on two occasions, thereby deceiving the total amount of 580,180 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The investigation report (with regard to the details of small-sum settlement)

1. Application of a detailed statement of user price, search, seizure and verification warrant and reply statutes;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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;