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(영문) 인천지방법원 2014.12.26 2014고정3179
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on May 19, 2014.

On May 21, 2013, the Defendant made an advertisement to the effect that, upon joining the Internet service of “C” operated by the victim B, cash, etc. as a stolen goods, the Defendant made a call to the said company, and that, by phoneing to the said company, the Defendant “the Internet will be installed at one’s home located in Chuncheon City, Chuncheon, and the cash made as a stolen goods will be transferred to its own agricultural bank account.”

However, the fact was that the defendant did not reside in Chuncheon City at the time and did not use the Internet service, but received cash, etc. as a private object and used it as living expenses.

Around May 22, 2013, the Defendant, by deceiving the victim as above, received KRW 2,90,00 from the victim to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. B written statements;

1. Details of subscriber information and confirmation on the results of mass transfer processing;

1. Previous convictions in judgment: Results of case search, and application of four copies of court rulings;

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 the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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