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(영문) 광주지방법원 순천지원 2018.11.01 2018고단1877
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 23, 2018, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud in the Gwangju District Court’s net support, and the judgment became final and conclusive on August 31, 2018.

[Criminal Facts]

1. On May 27, 2018, the Defendant: (a) contacted the victim B with the Defendant at Singapore on the 17:00 on May 27, 2018, stating that “If the Defendant purchased a mobile merchandise amounting to KRW 500,00 by settling the mobile merchandise in the Hand-on small amount, he/she would deposit KRW 80,000 after three days thereafter.”

However, even if the defendant did not have any property and received the 800,000 won of cultural gift certificates from the injured party, he did not have any intention or ability to pay 80,0

After all, the Defendant, as above, induced the victim and received a mobile merchandise coupon number of KRW 500,000 from the victim and acquired pecuniary benefits equivalent to the same amount.

2. Around June 7, 2018, the Defendant contacted the victim B with the Defendant at the Sk-dong, Sk-si, and concluded that “The Defendant would give KRW 1,80,000,000 including the money that he/she had purchased after settling the mobile merchandise equivalent to KRW 500,000 with the Handphone small amount, and then sent the fin number to C by cutting the fin number.”

However, even if the defendant did not have any property and received the fin number of cultural merchandise coupons from the injured party, he did not have an intention or ability to pay 1.8 million won to the injured party.

After all, the Defendant, as above, induced the victim, received the mobile merchandise coupon number of KRW 500,000 from the victim via C, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Previous convictions: Inquiries about criminal history and application of investigation reports (Attachment to judgments on criminal suspect A's fraud case)-related Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, the choice of the relevant criminal facts, Article 347(1) of the Criminal Act, and the choice of fines.

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