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(영문) 부산지방법원 2018.08.30 2018고정434
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, on March 20, 2017, posted on the Internet website bulletin board by the victim C, (hereinafter “C”) on March 20, 2017.

In this paper, I would like to make a false statement to send money to the game in the face of the transfer of money to the defendant's name (Account Number: E).

However, even if money is remitted, there was no intention or ability to send the game money.

On March 20, 2017, the above victim believed to be genuinely transferred 32,00 won of the purchase price of the game machine to a quasi-account by the defendant. However, the defendant received the above amount of money and then finished contact without giving the purchase goods, and the defendant received the total amount of 532,000 won from the victims stated in the crime list from March 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of C, F, G, H, and I;

1. Application of Acts and subordinate statutes to the details of each transaction transfer, the details of Kakao Stockholm dialogue, the report on internal investigation (the attachment of a deposit transaction statement and the confirmation of the opening of an account), and the details of text dialogue;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines are not applicable since the application of the sentencing guidelines is selected. 2. The sentencing guidelines are imposed as ordered in consideration of the total amount of damage caused by the sentence, the amount of repayment to the original court (total of 362,00 won), the degree of the defendant's reflectability, the records of the same kind of crime, etc.

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