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(영문) 서울중앙지방법원 2019.05.09 2018고단7331
사기
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 27, 2018, the Defendant posted a sales text stating “B” mobile display in an infinite location “B” on May 27, 2018, stating that “B will send KRW 500,000 won mobile merchandise coupons to the victim C who reported the said posted text, if sent KRW 400,000,000,000,000,000 won.”

However, even if the defendant received money from the victim, he did not have any intention or ability to send merchandise coupons as above.

Nevertheless, the Defendant deceivings the victim as above, and then acquired 40,000 won from the victim to the DNA bank account (E) in the name of the Defendant, around May 27, 2018.

2. On May 30, 2018, the Defendant: (a) sent text messages to the victim C at an irregular place on May 30, 2018; and (b) fraudulently read, “The Defendant would sell KRW 80,000 mobile merchandise coupons, the sales of which was revoked; and (c) sell KRW 100,000 if he/she wishes to purchase it together with the merchandise coupons already purchased on June 8, 2018.”

However, even if the defendant received money from the victim, he did not have any intention or ability to send merchandise coupons as above.

Nevertheless, the Defendant deceivings the victim as above, and then acquired 80,000 won from the victim to the Do bank account (E) in the name of the Defendant from May 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written petition;

1. Application of Acts and subordinate statutes to text messages, certificates of transfer of Internet banking, and detailed statement of account transactions;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of a fine for the crime ( normal consideration in favor of the accused being considered below):

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

1. Circumstances unfavorable to reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant shall be located in the High Court for Armed Forces on March 21, 2018.

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