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(영문) 서울중앙지방법원 2019.09.06 2019고단1816
사기등
Text

Punishment on the accused shall be determined as a fine of KRW 8,000,000 (Mive million).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

1. Fraud [2019No. 1816] The Defendant connects the Internet site “B” at an online site on October 12, 2018, and sells gift certificates to the victim C who reported and contacted the writing to the victim C by posting a letter and remitting KRW 1.80,00 to the mobile phone text messages, the market price is equivalent to KRW 200,000,000,000,000,000,000,000 won.

On the same day, 180,000 won was remitted from the victim's account in the name of the defendant.

However, even if the Defendant received money from the victim, the Defendant did not intend to deliver gift certificates.

The defendant deceivings the victim as such, and acquired 180,000 won from the victim as the price.

2. Theft and intrusion upon residence (2019No. 2213) the Defendant: (a) thiefed with the victim D on September 16, 2018; (b) stiefed the victim’s home at work on September 28, 2018; and (c) stiefed into the victim’s house located in Dongjak-gu Seoul Metropolitan Government E by taking advantage of the gap in the victim’s home at work; and (d) 3,590,000 won per the market price of the part of the victim’s house located inside the inside the said house.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition / B closure photographs / Text messages / Details of transactions;

1. Statement of the police statement with D / a cell phone message split-up / a photograph / a receipt / a criminal investigation report (a counter investigation of the victim)

1. Application of Acts and subordinate statutes to a report on criminal records, etc., each written judgment, pre-disposition, and results of confirmation;

1. Articles 347(1), 329, and 319(1) of the Criminal Act regarding criminal facts in relation to the crime, the Defendant was sentenced to a suspended sentence of 8 months on June 19, 2018 to imprisonment with prison labor for night building intrusion and larceny at the Sungwon District Court's Sung-nam branch, and the judgment became final and conclusive on the 27th day of the same month, and all of the instant crimes were committed during the suspended sentence, or the victims intended not to be punished.

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