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(영문) 부산지방법원 서부지원 2018.10.16 2018고정392

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 September 20, 2017, the Defendant sold at around 20:31, Busan Seo-gu, Busan, Seo-gu, 208 its dwelling, Internet SNS (SNS name: C, D, and D: E) bulletin board, “I sell at 20-mae type of a man-type 20-mar type of a solution.”

( 중략) 일반 채팅 걸어 주세요 사장님들!! 택배 포함 가입 니다’ 라는 글을 게시하였고, 위 글을 보고 피고인에게 연락한 피해자 F(F, 대만 국적 )에게 “ 돈을 송금해 주면 인형을 보내주겠다” 고 거짓말하였다.

However, the defendant did not have the above person, and even if he received money from the injured party, he thought that he would use it as the Internet gambling fund, and did not have the intention or ability to send the punishment to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 469,100 from the victim’s new financial investment securities account (G) in the name of the Defendant, and received KRW 469,100 from the victim on August 22, 2017.

9. Until December 22, 200, a total of 24,105,200 won was remitted from 62 victims over 67 occasions, such as the statement in the list of offenses attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Each petition of F, I, J, K, L, and M;

1. Each report on investigation;

1. Application of N's accusation statute

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. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant paid a total of KRW 5,223,500 to the victims after the prosecution was instituted and paid a total of KRW 16,494,300 out of the amount of damage. It is so decided as per Disposition.