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(영문) 서울남부지방법원 2018.01.17 2017고단4525
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around April 24, 2017, the Defendant posted a false letter on the Internet NAVER C’s fluoral studio that is the Defendant’s residence in Jongno-gu Seoul, Jongno-gu, Seoul, sold “Adis blus blus bluorization” to the Internet NAV fluor D and sent KRW 4.10,00 to E who reported and contacted the letter.

However, even if the defendant received money from the injured party, he did not have the intention or ability to send a physical exercise.

The Defendant received 4.10,00 won from the damaged party to the NH Nonghyup Bank account (F) under the name of the Defendant, as the price for the sports in the same day.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to 4.10,000 won.

On November 14, 2016, the Defendant posted a false statement on November 14, 2016, the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government Ga nuclear room that sold 50,000 won visual visibility to the Internet medium and high-trade air plug, using a portable telephone, and sent the flock to the victim H who reported and contacted the writing, if he/she remitted 50,000 won to the victim H.

However, the defendant did not have any intention or ability to send visual visibility even if he receives money from the injured party.

The Defendant was transferred KRW 50,00 to the NH Nonghyup Bank account (I) in the name of the Defendant in the name of the injured party for the same day in sight of the same day.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to 50,000 won.

Summary of Evidence

"2017 Highest 4525"

1. Statement by the defendant in court;

1. E statements;

1. Details of transactions, posting on the Internet, and text messages "2017 Highest 5032";

1. Statement by the defendant in court;

1. A H statement;

1. Application of photographic Acts and subordinate statutes, such as account inquiry;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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