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(영문) 인천지방법원 2017.06.15 2017고단3951
사기
Text

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

On November 11, 2016, November 21, 2016, and November 21, 2016, April 24, 2017, and April 25, 2017, the Defendant was prosecuted for fraud at each Incheon District Court and is pending in the appellate trial.

On April 23, 2016, the Defendant posted an online game “D” by accessing the Internet game “D” at the Gyeyang-gu Incheon, Gyeyang-gu, Incheon. On April 23, 2016, the Defendant made a false statement to the effect that “The Defendant would first transfer money to the victim E who contacted with this article.”

However, in fact, the defendant had the victim transfer the above money to F who is the seller of an item item, and had the victim thought to use the money by receiving the item from F, and even if the victim transfers money under the above name, he did not have the intent or ability to send the money to the victim.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to transfer 190,000 won of the game money to the Agricultural Cooperative Deposit Account (G) in the name of F on the same day, and acquired pecuniary benefits equivalent to 190,000 won from F by receiving an amount of money from F.

From April 23, 2016 to February 14, 2017, the Defendant enticed victims on a total of two occasions, as described in the list of crimes in the attached Form, and acquired a total of 340,000 won pecuniary benefit from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and E;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of fines (where a person is indicted concurrently or simultaneously with a case sentenced to imprisonment with prison labor for not less than six months, equity in punishment, scale of damage, etc.);

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 of the Criminal Act to attract a workhouse.

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