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(영문) 서울북부지방법원 2021.01.11 2020고정1197
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 victim B was engaged in the business of collecting the fee per unit from the radio operator while conducting the recruitment business related to the Internet and TV goods.

On February 23, 2018, the Defendant came to contact with the business site operated by the victim and used the Internet and TV goods for three years.

At the same time, Seoul Special Metropolitan City, Nowon-gu Officetel D installed Internet and television products.

However, from the beginning, the Defendant had the intention to receive KRW 370,00 from the victim of cash, and had no intention or ability to pay the fee even if he has opened the Internet and TV goods.

Around February 26, 2018, the victim opened the Internet and TV through the Defendant, and transferred KRW 370,000 to the Defendant’s corporate bank account (E) on February 27, 2018.

On March 1, 2018, the Defendant paid KRW 3,745, which is a part of the first monthly charges, but did not pay the charges thereafter. Ultimately, the above Internet and TV opening contract was terminated on August 1, 2018, and the victim was recovered fees for this contract received from F.

Accordingly, the defendant obtained 370,000 won from the damaged person and acquired it by fraud.

Summary of Evidence

The police suspect interrogation protocol (second time) against the accused

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investigation reports (in addition to data on the current status of financial transactions of suspects (company banks, G banks));

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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