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(영문) 인천지방법원 2018.06.08 2018고정922
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 6, 2018, the Defendant posted a letter to the effect that cultural merchandise coupons are sold to B, an Internet NAB website at a closed place on January 6, 2018, and then sold KRW 44,500 to the victim C who reported and contacted this article.

“The promise was to the effect that “........”

However, the defendant did not have an intention or ability to pay cultural merchandise coupons even if he/she received money from the injured party by posting a false letter of sale.

Nevertheless, the Defendant, as such, was issued KRW 44,50 to the Saemaul Treasury account (E) in the name of D on January 6, 2018 from the victim, and received KRW 44,500 from the victim, and was issued KRW 29,00 from January 6, 2018 to the victim C, etc. by January 15, 2018, as shown in the list of crimes in the attached list of crimes. From that time, until January 15, 2018, the Defendant was issued KRW 2,13,50 with the Saemaul Bank in the name of D and the Han Bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each petition and each cyber crime report;

1. Each statement;

1. Application of Acts and subordinate statutes to each statement of transfer and details of transfer;

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

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the order of provisional payment did not reach the age of the defendant, and there was no record of criminal punishment for the same kind of crime, but the defendant does not recover a number of victims within a short period; the number of victims, the amount of fraud, the amount of crime, the method of crime, the defendant's age, occupation, sex behavior, family relationship, living environment, the circumstances leading to the crime, etc., and the conditions of sentencing indicated in the record shall be determined as ordered by taking into account the following circumstances.

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