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(영문) 광주지방법원 2016.01.08 2015고정1742
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to imprisonment with prison labor for aiding and abetting fraud, etc. at the Incheon District Court on November 25, 2015, and the said judgment became final and conclusive on December 3, 2015.

1. On November 25, 2014, the Defendant sold a fin number of cultural merchandise coupons in the Internet NAV from No. 506 in Gwangju Northern-gu, Gwangju, a foreign car page.

The phrase “” posted a letter, and made a false statement to the victim E who reported it to the victim E, stating that “I would send fin numbers of cultural merchandise coupons if you send money.”

However, even if the defendant receives money from the injured party, he/she did not have any intention or ability to send fin numbers of cultural merchandise coupons.

The Defendant received 85,000 won from the injured party under the name of the Defendant for the same day on the cultural merchandise coupon number.

2. The Defendant made a false statement to the victim G who reported and contacted the same writing at the time and place specified in paragraph 1, stating that “I would send money to the victim G.”

However, even if the defendant receives money from the injured party, he/she did not have any intention or ability to send fin numbers of cultural merchandise coupons.

The Defendant received 85,000 won from the injured party under the name of the Defendant for the same day on the cultural merchandise coupon number.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Inquiry into the results of transfer, and a certificate of confirmation of bank transactions;

1. Previous convictions: inquiry of summary information of the case and application of each statute of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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