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(영문) 대전지방법원 서산지원 2015.05.14 2015고정32
사기
Text

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

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

Reasons

Punishment of the crime

On July 18, 2014, the Defendant, at the CPC bank located in Jinjin-si, called that he would immediately deliver KRW 128,700 by accessing the Internet portal site to the Jinna, which was prepared and posted on the bulletin board to the effect that the victim D would want to purchase the game software at the Internet portal site, and then contact the victim and transfer KRW 128,70.

However, the defendant did not have the intention or ability to deliver the goods even if the victim remitted.

The Defendant made a false statement to the victim and received KRW 128,700 from the victim’s account E in the name of the Defendant, and acquired KRW 1,038,700 through 12 times from around that time to November 4 of the same year, as shown in the attached crime list, such as receiving KRW 128,70 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Each statement of H, I, J, K, L, M, N,O, D, and P;

1. Application of Acts and subordinate statutes on the details of account transfer transactions, the results of account transfer management by account transfer, the receipts of other transfers, the details of transfers, the certificates of details of deposit transactions, certificates of details of deposit transactions, and the statements of accounts by account;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act, including the fact that the Defendant continued to have been punished for the same kind of crime from the end of February 2014, and that the method of the Defendant’s crime is not only poor, but also did not recover from damage, and the sentencing conditions indicated in the records and arguments of the instant case are determined as identical to the order.

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