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(영문) 광주지방법원 2016.04.15 2016고정441
사기
Text

The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

Around November 13:00 on November 6, 2015, the Defendant paid money to the victim G ( South Korea, age 28) via his/her mobile phone to sell a point of points, he/she intends to give a gift to the points.

A false statement was made.

However, even if the defendant receives money, he did not have any intention or ability to send the points.

Therefore, the Defendant received 2,60,000 won from the injured party who believed this as truth to the agricultural bank account (H) in the name of the Defendant, and acquired it by receiving 2,898,000 won through five times in total from around that time to December 7, 2015 in the same manner as specified in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by I;

1. Written complaints of J, K and L;

1. Application of Acts and subordinate statutes to a written confirmation of the results of electronic financial transfer, a certificate of confirmation of transfer, and a statement of transfer;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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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