logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.09.09 2016고정1013
사기
Text

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

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

Reasons

Punishment of the crime

On September 15, 2015, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc. at the Seoul Western District Court, and the judgment became final and conclusive on September 23, 2015.

The Defendant, in fact, posted a false statement on the content that narcotics are sold on the Internet portal website bulletin board without any intention or ability to sell narcotics, and received the payment from the victims who reported and contacted the fact and received the payment from the victims.

On October 3, 2014, the Defendant: (a) published a false statement on the victim’s name, who had contacted with the Defendant, stating that “GHB operation products would be purchased; (b) the victim’s name, who did not want to deposit the paper first, and then received the remainder of the article.” (c) The Defendant made a false statement on October 3, 2014, stating that “The victim’s name, who did not want to purchase the paper of the GHB operation business.”

However, in fact, the Defendant did not have any intention or ability to supply money even if he received money because he was not in possession of narcotics, including water mulberry.

As above, the Defendant, as indicated in the List of Crimes, by deceiving the victim’s name in mind, received KRW 150,00 from the bank account (B) in the name of the Defendant on the same day to receive 1,50,000 as the price for physical donation, and obtained a total of KRW 5,97,00 from September 15, 2014 to November 8, 2014 to receive KRW 19 times as the price for sale of narcotics, etc. from the victim 19 to KRW 19.

Summary of Evidence

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

1. A protocol concerning the interrogation of suspect C by the police;

1. Certificates of deposit transactions and specifications of transactions by account;

1. Previous convictions in judgment: Application of Acts and subordinate statutes reporting the previous convictions and results thereof;

1. Article 347(1) of the Criminal Act (Selection of Penalty) as to the facts constituting an offense.

arrow