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(영문) 수원지방법원 안양지원 2017.12.20 2017고정607

사기

Text

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

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

Reasons

Punishment of the crime

On October 20, 2016, the Defendant made a false statement to the effect that “The Defendant will send Who Business 100 (3 gambling) 100 books if he/she remitted KRW 380,000 to the victim X who sent 380,000.”

However, in fact, the Defendant had to purchase the books to be sent to other customers who ordered the books prior to the shortage of funds at the time, due to the shortage of funds from the victim X, so even if he received money from the victim X as the price for the books, only 1 gambling room (30 books) out of 3 gamblings in the front house and there was no intention or ability to send all 3 gamblings (100 books) according to the promise.

As such, the Defendant, by deceiving the victim X, received KRW 380,00 from the Defendant’s agricultural bank account in the name of the Defendant for the same day from the victim X, and received KRW 8,180,776 in total from the victims in the same way as the list of crimes in the attached crime list from January 14, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the fraternity (book as the person against whom the case is committed), internal investigation report (the confirmation of the point where an account is opened, and the case is transmitted), and investigation report (the statement by the Y and Z board telephone, the statement by the AA total telephone, and the receipt of the victim AB prior

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;