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(영문) 부산지방법원 동부지원 2018.01.24 2017고정1056
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On May 19, 2014, the Defendant, at a mobile phone agency located in Suwon-gu, Busan, U.S. B, written a false statement on “sale of smartphones” with access to a middle and high-class trading site on the Internet, and then sold smartphones to the victim D who reported and contacted such writing to “A’s name bank account (E)” if he/she remitted 180,000 won to “A’s name bank account.”

As above, the defendant belongs to the victim and received 180,000 won from the above one bank account and acquired it by fraud.

2. On June 19, 2014, the Defendant, at a mobile phone agency located in Suwon-gu, Busan-gu, Busan-gu, written a false statement that “as to sell the above merp gift certificates,” by accessing the Internet’s main trading site to a high-class country, the Defendant sold the above merp gift certificates to the victim F, who reported and contacted the writing, “as to transfer KRW 42,50 to the bank account in the name of one bank (E), the Defendant sold the above merp gift certificates.”

As above, the defendant is the victim and received 42,500 won from the above bank account to the above one bank account and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of each statute of the D and F Statements;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 and 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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