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(영문) 서울동부지방법원 2015.04.10 2014고정1809

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 10, 2014, the Defendant was sentenced to a suspended sentence of three years on the two-year imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Ulsan District Court, and the judgment became final and conclusive on February 18, 2015.

The Defendant, without any intent or ability to sell mobile product certificates, intended to post a text of sales of mobile product certificates by accessing Internet NAB Ga page, and receive money from the purchaser as if he were to transmit fin numbers of merchandise coupons from the purchaser and receive money from the purchaser.

On January 17, 2014, at around 13:23, the Defendant posted a letter of sale of cultural product rights by accessing Ulsan-gu C and Dong C (CB) residential areas, and by making access to B B, and reported and requesting purchase, the Defendant would transmit the gift certificates to the victim D (30 years of age) who made a request for purchase via Kax Kax. Accordingly, the Defendant was transferred KRW 35,00 from the victim E in the name of E used by the Defendant to F) account.

Accordingly, the defendant acquired the above amount by fraud.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Data for sales of merchandise coupons and documentary evidence;

1. Data evidencing Kakao;

1. Transfer certificate;

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (Attachment to the judgment, etc. on the accused-related cases);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;