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(영문) 부산지방법원 2018.10.17 2018고단3774

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 March 15, 2018, the Defendant access B carpets from the French on March 15, 2018 and sells cultural merchandise coupons on the bulletin board.

“To publish an article to the effect that “,” and send a cultural merchandise coupon to the victim C who reported and contacted it, by remitting KRW 78,000 to the victim C.

The term "" refers to the following.

However, even if the defendant receives the price of the goods from the injured party, he was thought to use it as a living cost, and there was no intention or ability to send cultural merchandise coupons to the injured party as agreed with the injured party

Accordingly, the Defendant, by deceiving the victim, received KRW 39,00 from the victim to the D account under the name of the Defendant (E) in the name of the victim for cultural merchandise coupons around 15:42 on the same day, and received KRW 39,000 from the D account under the name of the Defendant on the same day around 18:34 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes on financial account reply data;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Taking into account the following: although the crime was committed during the period of repeated crime of the same kind for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, it is against the offender, and the amount of defraudation is small amount;