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(영문) 서울중앙지방법원 2018.10.25 2018고단5309
사기
Text

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

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

Reasons

Punishment of the crime

[Criminal record] On September 13, 2018, the Defendant was sentenced to a suspended sentence of one year for fraud at the Seoul Central District Court, and the judgment became final and conclusive on September 21, 2018.

[2] On January 16, 2018, the Defendant: (a) visited the Internet site of Gangnam-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government”) in a building not located in the Maridong, and reported the victim’s Dophone purchase notice; and (b) contacted the victim with the victim, “The Defendant is selling Dophones; and (c) sent Dophones if the money is remitted.”

However, the facts did not have the intention or ability to send the said goods even if they receive the money from the injured party.

On January 16, 2018, the Defendant, by deceiving the victim as above, received 65,000 won from the victim to the national bank account (E) in the name of the Defendant around January 18:12, 2018 from the victim and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written confirmation of service use and dialogue;

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

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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