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(영문) 전주지방법원 군산지원 2017.07.05 2017고정148
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 3, 2016, at around 10:12, the Defendant posted a letter to the effect that he sells Onnuri gift certificates on the Internet “openter”, and reported this fact and made a false statement to the victim B who contacted with the Defendant that “I would send Onnuri gift certificates upon deposit.”

However, the defendant did not have Onnuri gift certificates, approximately 15 million won of financial rights was incurred, and even if he received gift certificates from the injured party, he thought that he would be used to pay personal debts, etc., and did not have an intention or ability to send gift certificates to the injured party.

Nevertheless, the Defendant, by deceiving the victim and deceiving him as such, to the bank account (C) opened in the name of the Defendant from the victim, for the gift certificates under the name of the Defendant, KRW 230,000 on December 3, 2016, KRW 370,00 on the same day, KRW 370,00 on the same day, KRW 133:49 on the same day, KRW 135,000 on the same day, KRW 16:59 on the same day, and month

4. A transfer of KRW 00:45, KRW 735,000 on the same day, KRW 1,090,000 on the same day, or KRW 1,80,000 on the same day, or KRW 4,360,00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. B written statements;

1. Application of Acts and subordinate statutes to a petition, reply, investigation report (a CCTV withdrawals from a cash withdrawal machine and a photograph is attached thereto);

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

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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