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(영문) 부산지방법원 서부지원 2017.08.22 2017고정76
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A. On July 13, 2016, the Defendant is a pop-up worker with KRW 110,000 won for Grand Culture gift certificates on the Internet NAV in the Dong-gu Busan Metropolitan City CPC located in B, Dong-gu, Busan Metropolitan City.

92,00 won posted a letter of sale, and falsely read the victim D who reported and contacted the notice to “E’s bank account (F) to deposit KRW 92,000,000 with the national bank account in the name of E, and then send the gift certificates to a face-to-face by cutting off the gift certificates.”

The defendant had no intention or ability to send cultural merchandise coupons from the beginning.

The Defendant received 92,00 won from the injured party, via E’s bank account (F) in the same day.

B. On July 16, 2016, the Defendant is a pop-up of 110,000 won for the Grand Culture gift certificates 110,00 won in the Internet NAV room located in Dong-gu Busan Metropolitan City, Dong-gu, and the country car page among the Internet NAV.

92,00 won posted a letter of sale, and the victim G, who reported and contacted the notice, sent a letter of “E’s bank account (F) 92,000 won to the victim G, who sent a letter of “I want to close and transmit a gift coupon on the face of 92,000 won” to the victim G, and sent a coupon of KRW 100,000 to the victim’s KRW 10,000,000 for a gift coupon already used for the victim.

The defendant had no intention or ability to send cultural merchandise coupons from the beginning.

The Defendant received 92,00 won from the injured party, via E’s bank account (F) in the same day.

Summary of Evidence

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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