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(영문) 부산지방법원 2015.11.18 2015고정3572
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

1. On April 17, 2015, even if the Defendant received money from the victim B, even though he did not have the intent or ability to sell Samsung Tallon No. 4, the Defendant made a false statement on April 17, 2015 that he would send the said mobile phone to the victim who reported and contacted the sale of Samsung Tallon No. 4.

As such, the Defendant, by deceiving the victim, received 230,000 won from the victim to the Busan Bank Account (C) in the name of the Defendant.

2. 2015. 6. 4.경 범행 피고인은 피해자 D으로부터 돈을 받더라도 넥슨 게임 어둠의 전설 게임머니를 판매할 의사나 능력이 없었음에도 불구하고, 2015. 6. 4. 넥슨 게임 어둠의 전설 게임채팅으로 피해자에게 게임머니 100억 원을 15만 원에 판매하겠다고 거짓말하였다.

The Defendant, by deceiving the victim as such, received 150,000 won from the victim to the Busan Bank Account in the name of the Defendant and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in B and D preparation;

1. Investigation reports (Attachment to the details of transactions in the account of Busan Bank);

1. Application of the Act and subordinate statutes on the certificate of the results of electronic financial transfer, the Kakao Stockholm dialogue, the text message dialogue screen, and the deposit receipt;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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