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(영문) 창원지방법원 2020.08.13 2020고정34
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant and B were living together with the Defendant from May 1, 2019 to May 10, 2019 at Changwon-gu Sung-si, Changwon-si, Changwon-si, Changwon-si.

1. Around May 3, 2019, the Defendant and B conspired with the victim E to publish a false statement on the Internet F website, stating that “I sell 100,000 won of gift certificates on a lot store store,” and that “I will send gift certificates to the victim, who reported and contacted the above article, with the victim who deposited KRW 80,000 in advance, in advance.”

However, there was no intention or ability to send gift certificates which have been promised even if they receive advance payment from the victim.

A defendant and B, as such, had the victim induced, and had the victim transferred KRW 80,00 to the account in the name of the defendant, around 21:58 on the same day.

2. Around May 4, 2019, the Defendant and B conspiredd with the victim G to publish a false letter stating that “The cultural product right shall be sold in KRW 81,000,000” on the Internet H car page using a mobile phone in collusion with the Defendant and B, and the false statement stating that “The victim who reported and contacted the above article will inform the victim of the policy number of KRW 81,000 upon deposit of KRW 81,00 in advance.”

However, there was no intention or ability to send gift certificates which have been promised even if they receive advance payment from the victim.

A defendant and B, as such, had the victim induced, and had the victim transferred KRW 81,00 to the account in the name of the defendant, around 19:46 of the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Each written statement of E and G;

1. Each internal investigation report and investigation report (including attached documentary evidence);

1. Application of Acts and subordinate statutes to the details of remittance of money;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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