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(영문) 서울중앙지방법원 2020.11.05 2020고정1051
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 10, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on December 13, 2019.

On October 9, 2017, the Defendant made a false statement that the Defendant sold the game item-free door room in KRW 320,000,000 to the victim B through the Internet wind national game in the PC room located in the middle-gu, Seoul.

However, even if the defendant had already acquired the sale proceeds of the item from the victim, such as the fact that he/she had sold the item to another victim on September 17, 2017 by fraudulent means that he/she would sell it, he/she did not have the intention or ability to dry the item.

Nevertheless, on October 12, 2017, the Defendant, by deceiving the victim as above, was transferred 320,000 won to the corporate bank account (C) in the name of the Defendant around October 12, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Documents related to the petition, transfer certificate, Kakao text;

1. Application of Acts and subordinate statutes on internal investigation reports (where an account is opened by a victim's bank account, 320,000 won) and response data on financial transaction information

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;

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