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(영문) 수원지방법원 안산지원 2016.07.14 2016고단1865

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 31, 2015, the Defendant posted a letter on the Internet site to sell gold diversized gift certificates to the Korean car page among the Internet site divers, and then transfers the sales proceeds of KRW 40,000 to the victim B who believed that he/she would deliver KRW 85,000 gift certificates to the victim B.

A false statement was made.

However, even if the defendant received money from the injured party, he was thought to use it as a living cost, and he did not have an intention or ability to sell merchandise coupons to the injured party.

Nevertheless, the defendant deceiving the victim as above and received 40,000 won as the price for goods from the Nong Bank (Account Number:C) account in the name of the defendant on the same day from the victim, and from February 3, 2016 to February 3, 2016, the defendant was transferred KRW 3,483,500 in total to the same account over 15 times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. The descriptions of each statement and each written petition;

1. Application of the respective Acts and subordinate statutes on the screen of each transfer certificate, each letter dialogue, each transfer confirmation certificate, each posting photograph, and letter dialogue;

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