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(영문) 울산지방법원 2019.06.04 2019고정165
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 17, 2018, the criminal defendant against the victim B posted a false statement to the Seongbuk-gu Seoul Metropolitan Government, stating that he/she would send money to the victim B by including the amount of money from which he/she had access to the Internet D and the amount of money from which he/she had been paid by proxy. The defendant reported this false statement to the victim B who visited the victim B, stating that "the defendant will send KRW 5,000,000 including the amount of money from which he/she has paid by proxy."

However, even if the defendant receives money from the victim, he did not have the intention or ability to send money again.

Around May 19, 2018, the Defendant, by deceiving the victim as above, received 40,000 won from the victim’s account (F) in the name of the Defendant.

2. Around August 5, 2018, the Defendant, against the victim G, posted a letter stating that KRW 1,50,000,000 shall be paid on behalf of the Twitter on the face of 1,50,000,000, to the Twitter, and falsely reported the above letter and sent KRW 400,000 to the victim G who contacted with the victim, including the deposit settlement of KRW 30,00,000 on his/her behalf.

However, even if the defendant receives money from the victim, he did not have the intention or ability to send money again.

As above, the Defendant, by deceiving the victim, received KRW 300,000 from the victim’s Hbank account under the name of the Defendant, around August 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. B written statements;

1. Application of Acts and subordinate statutes to a copy of transfer receipt and conversation;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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