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(영문) 서울동부지방법원 2017.08.10 2017고단1798
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 4, 2017, the Defendant posted a written statement to the effect that he sells gift certificates to the department stores in the NAB, a mobile phone in Gangnam-gu Seoul, and then sent money to the victim D who reported the fact that he/she had contact with the Plaintiff, at a soup room, he/she would send gift certificates to the department store.

However, in fact, the defendant did not have a merchandise coupon nor had the intention or ability to send the merchandise coupon to the victim even if he did not receive money from the victim because he thought that the victim acquired money in order to raise living expenses.

The defendant deceivings the victim as above and thereby acquired 180,000 won through a new bank account under the name of the defendant on the same day from the victim.

2. On April 10, 2017, the Defendant, by deceiving the victim E in the same manner as the manner described in paragraph 1 at the place listed in paragraph 1 at around April 10, 2017, received 335,000 won from the injured party to a new bank account in the name of the Defendant in the name of the Defendant in the name of selling merchandise coupons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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