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(영문) 대구지방법원 2018.10.11 2018고정856
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 28, 2017, around 15:17, around 2017:20:15, the Defendant made a false statement to the effect that “The Defendant would sell to the victim 50,000 won an account of 2 30,000 won if he remitted 550,000 won to the victim” by accessing the game “Hungary App”, which is a Hungary-gu, Daegu Northern-gu, Daegu-gu, B, and posted by the victim D (39 years of age).

However, the defendant did not have the above account that can be sold, and even if he received the money from the account, he did not have the intention or ability to transfer the above account to the victim.

The Defendant, as such, by deceiving the victim on December 28, 2017, received KRW 550,00 from the Defendant’s account to the Defendant’s wife E account (F) around December 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on trading transfer;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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