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(영문) 창원지방법원 2018.10.18 2018고정335
사기
Text

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

1. On September 6, 2016, the criminal defendant against the victim B posted a false statement to the effect that "the defendant, at the window C building of Changwon-si, and the defendant's house located on the second floor, access to the Internet Nurier's Korean car page and sold the Chapter 100,000 won merchandise coupons to the new world merchandise coupon 100,000 won," and reported this to the victim B who visited the victim B, "the remittance of KRW 250,000 won is to sell the Chapter 3 merchandise coupon to the 10,000 won merchandise coupon."

However, the defendant did not have a merchandise coupon at the time, so even if he received money from the injured party, he did not have an intention or ability to sell the merchandise coupon.

As such, the Defendant, by deceiving the victim, received 250,000 won from the defendant to the Nonghyup Bank account in the name of female-friendly job offering D for the sale price of merchandise coupons from the victim.

2. On October 15, 2016, the defrauded Party: (a) deceiving the victim E by means of the same method at the same place as indicated in paragraph (1) around October 15, 2016, the Defendant acquired KRW 2.88,00,00 from the victim E to the Saemaul Treasury account in the name of the Defendant for the sales proceeds of merchandise coupons; and (b) by deceiving the victim E to sell KRW 32,000,000,000 in the same manner.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each petition and statement of B and E;

1. Application of the Acts and subordinate statutes on remittance receipts, text dialogues, new data of the Agricultural Association, confirmation of the results of electronic financial transfer, and other closure data;

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

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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