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(영문) 서울북부지방법원 2020.11.20 2020고정687
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

Around 04:50 on March 23, 2018, at the D convenience store operated by the victim C in Jung-gu Seoul, Jung-gu, Seoul, the Defendant made a false statement to “E, who is an employee, is well-known with the president, and there is a place in which he/she is obliged to receive the money, to lend his/her phone to him/her in order to use the relevant phone.”

However, in fact, the defendant was thought that he did not face with the victim, who is the president of the above convenience store, and the defendant was able to call the "transport consultation" where the information service fee is imposed at the time of telephone transfer.

Nevertheless, the Defendant, by deceiving E as above, charged the victim with information service charges of KRW 28,985 by using the Round Counseling Service (F) on which convenience stores are charged with information service charges, and acquired the victim's pecuniary benefits equivalent to the same amount. From that time to October 31, 2018, the Defendant used the same method as indicated in the list of crimes in the same manner as in the attached list of crimes, and charged the victim with information service charges of KRW 1,87,354 in total, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Summary of request;

The detailed statement of gold;

1. Application of Acts and subordinate statutes to a report on investigation (specific facts of suspicion);

1. Article 347 (1) of the Criminal Act, the selection of fines, inclusive, by relevant legal provisions and the choice of punishment for the crime;

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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