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(영문) 광주지방법원 순천지원 2016.10.07 2016고단573
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

On June 24, 2015, the Defendant sent letters to the victim by sending them to the victim who was aware that the victim C, which was known in the introduction of B from the Mayang-si (hereinafter referred to as the “Manyang-si”) around 12:17, had the victim go on a cell phone and let the victim go on a cell phone, and made the victim buy money to the victim at low cost because there is a person who wants to go on Masung-si, the Defendant made a false statement to the victim.

However, in fact, the defendant did not have any person who is aware of Samsung Electronic and did so to raise the credit card payment for the defendant. Therefore, even if the defendant received money from the victim, he did not have the intent or ability to purchase the crypatorily with the victim.

The Defendant received KRW 200,000 from the victim on June 25, 2015, total amount of KRW 700,000 from the Nonghyup Bank account in the name of B, and KRW 90,000,000 from the victim on July 2, 2015, including transfer of KRW 700,000 to the Nonghyup Bank account in the name of D on the same name.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Certificates of withdrawals by member trading account and the Kakao text;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is unfavorable that there are several records of the same kind of reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, or consideration of the fact that the defendant recognized and reflecteds the crime, and agreed with the victim.

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