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(영문) 서울중앙지방법원 2016.05.25 2015고정4565
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 10, 2014, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on February 18, 2016.

From March 2014 to June 2014, the Defendant had been in the relationship with the victim C with the police officers.

1. On March 21, 2014, the Defendant would pay the victim KRW 1,00,000 per month whenever he/she receives money from the victim by telephone at a non-permanent place.

Along with a large amount of money, a false statement was made that “The principal will be guaranteed,” as much as possible, to the maximum extent.

However, even if the defendant receives money from the injured party, the accused did not have the intention or ability to pay one million won per month to the complainant or to guarantee the principal.

As such, the Defendant, by deceiving the victim, was transferred 4 million won to the national bank account in the name of D on the same day from the victim.

2. On September 9, 2014, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information, etc., sent the victim a written message stating that “an act that may occur within the phone of Occ is not attributable to the fact that the said victim does not move,” to the victim’s handphone, and sent the victim a text, sound, and sound that may cause fear or apprehension through an information and communications network repeatedly, from September 1, 2014 to October 11, 2014, as shown in the attached list of crimes committed in the attached Table, by displaying a telephone or text message 38 times from around September 1, 2014 to around October 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A complaint;

1. Kakao Stockholm, reported details, etc.;

1. Account details (D);

1. Previous convictions: Defendant’s legal statement, investigation report (the confirmation report of the case under trial of the suspect), summary order, text of judgment, and copy of case search [the victim] at the time of remitting KRW 4 million.

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