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(영문) 서울동부지방법원 2015.12.30 2015고정1161
사기
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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

Around 09:40 on September 11, 2014, the Defendant made a false statement to the effect that “I will purchase gift certificates of KRW 130,000 at a discounted rate of KRW 20,000,000,000, including 20,000 won of gift certificates, 1,30,000 won of gift certificates of KRW 50,000,000 at a discounted rate of KRW 20,000,000,000,000 won,” and “I will purchase gift certificates of KRW 1,30,000,000,000 at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government C and 302.”

However, the defendant, among the above merchandise coupons 20,00 won, was thought that he would have cancelled the purchase online before the victim uses it, but it received 104,000 won from the victim's account in the name of Han Bank (E) on the same day, and then revoked the purchase online in accordance with the plan for 20,000 won of the merchandise coupon 20,000 won (32,000 won at the market price) from the victim, so the victim could not use the merchandise coupon.

Accordingly, the defendant deceivings the victim and defrauds 32,00 won.

Summary of Evidence

1. Statement of witness D in the protocol of examination of witness outside the court date;

1. Partial statement of the police suspect interrogation protocol against the defendant (the phone number used by the defendant at the time of the instant case is F)

1. The screen of a detailed statement of transactions in the platform and of a letter-post closure;

1. A criminal investigation report (a case verifying details of cancellation of piracy), and a report on internal investigation (a case accompanied by a written statement);

1. Application of Acts and subordinate statutes to a warrant of search and seizure;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant did not cancel the purchase of two copies of the piracy as stated in the facts charged (hereinafter collectively referred to as “instant merchandise coupon”).

2. Prior to the determination, the time limit was set.

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