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(영문) 대전지방법원 천안지원 2018.11.22 2018고정579
사기
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. On July 7, 2017, the Defendant, at around July 7, 2017, connected the Defendant’s residence of Asan City building C, 206, to the Defendant’s cell phone-based car page, and sold to KRW 65,00 in the bulletin board of the place.

After posting a notice to the effect that “a person will send a ticket if he/she deposits money” to a victim D who has reported and contacted it.

However, even if the defendant received money from the injured party, the defendant did not have any intention or ability to send a bar can cans and petet.

Nevertheless, the Defendant, by deceiving the victim, was transferred 65,00 won to the new bank account (Account Number: E) in the name of the Defendant from the victim.

2. On July 22, 2017, the Defendant committed the crime at the same place as the indicated in the foregoing paragraph 1 around July 22, 2017, and by the same method, sold the money in the previous T&P game to the victim F.

‘Falsely speaking, it received 81,000 won from the injured party to the new bank account in the name of the said accused.

3. On July 28, 2017, the Defendant, at the same place as the indicated in the foregoing paragraph 1 around July 28, 2017, sold the victim G with the same method “former T&P game machine machine 100 million won.”

“Along with the false statement,” it was remitted KRW 70,000 to the new bank account in the name of the said accused from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints, statements of D, F and G;

1. Application of Acts and subordinate statutes to the submission of a written statement of closure data, a statement of transfer, a written confirmation of each transfer, and evidentiary materials to each conversation;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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