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(영문) 서울북부지방법원 2017.06.29 2016고정2355
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

If a victim who has joined the Internet shopping mall established with the trade name of "C" transfers money, he/she would be entitled to deliver goods. The defendant would receive and withdraw the money from the Defendant's account (Account Number D) opened in the Suhyup Bank located in Dongdaemun-gu Seoul Metropolitan Government. On April 26, 2013, when he/she transfers money to the said account to the victim E through the said shopping mall, he/she could deliver the wall. The defendant received 87,000 won from E to the said account under the name of goods, and then withdrawn the money.

As a result, the Defendant, in collusion with a person who is not aware of his name, by deceiving E, and deceiving 87,000 won from E, and, in the same way, acquired 330,000 won from the victim F for visual price on June 6, 2013, and acquired 21,000 won from the victim G as a virtual price on June 11, 2013.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police for E;

1. Each petition of F and G;

1. Investigation report (Submission of a detailed statement of transfer of funds to the Suhyup Bank account of the person under investigation);

1. Application of Acts and subordinate statutes to report on investigation (Submission of a bankbook, etc. under suspect name);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment for a 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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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