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(영문) 서울중앙지방법원 2018.05.14 2018고정866
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On April 18, 2017, at the Internet bulletin board, the Defendant written a statement stating that “The Defendant will send a gift certificate of KRW 50,000 in the face value of KRW 100,000 or at a discounted price of KRW 10,000 or small amount of KRW 100,000”, and written a statement stating that “The Defendant will send a gift certificate of KRW 50,000 in the face of KRW 40,000.”

However, even if the defendant receives 40,000 won from the injured party, he did not have any intention or ability to send the above merchandise coupon.

Nevertheless, the Defendant belonged to the victim, and he was transferred KRW 40,00 to the new bank account (D) in the name of C from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transfer of funds from damage;

1. Materials printed on the next page;

1. Data submitted by a witness C (the details of Kakao Stockholm dialogue and transfer);

1. Application of the written statements to the victim;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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