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(영문) 부산지방법원 2017.09.14 2017고정1390
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

After the Defendant came to know with B through the online game “themener”, the Defendant conspiredd with B to acquire the price by deceiving that he sells an item on the online prize.

B, around November 8, 2016, at around 07:45, around 07:45, 2016, posted a letter to the effect that “the game item mep-hym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym dym e’s account in the name of E.

However, the above account in the name of E is the account that B purchases cultural merchandise coupons from E and send the price, and B did not have the intent or ability to sell the above game items to the victim.

B deceiving the victim as above, caused the victim to remit 70,000 won to the above account under the E name at that time, and received cultural gift certificates from E and notified the defendant of this.

Defendant purchased a new mobile culture gift certificate using the above Fin number, sold it to F, received 65,000 won from G’s account in the name of G, and transferred the said money to the account in the name of Defendant around November 16, 2016.

As such, the Defendant conspired with B, thereby deceiving the victim, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to B or G;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (in the name of the account E investigation), investigation report (in the case of reply to the number of Finine for cultural merchandise coupon), each transaction statement (in the face of 85 pages of investigation records);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

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

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