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(영문) 서울남부지방법원 2019.06.12 2018고정1299
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 3, 2017, the Defendant, around July 3, 2017, posted a false statement to the effect that “The Defendant sold game money” in the Internet “B” camera in the vicinity of the Newdong-dong, Yangcheon-gu, Seoul, and reported it to the effect that “The Defendant shall transfer KRW 42,500,000 to the victim C, who sent and contacted the game money.”

However, there was no intention or ability to send the game money which was promised even if the defendant received money from the victim because he did not have the game money to send it to the victim, and he thought that he would use the money received from the victim as a cost of living.

Nevertheless, the Defendant, by deceiving the victim as above, received 42,500 won from the victim to the corporate bank account in the name of the Defendant on the same day.

2. On July 12, 2017, the Defendant, around July 12, 2017, sent KRW 13,500,000, hereinafter “15,000,” by reporting and contacting the victim D’s Internet EF’s wishes to purchase cultural products tickets, around the Newdong-dong, Yangcheon-gu, Seoul.

‘Falsely speaking to the effect that ‘’ was false.

However, not only did the defendant have the right to receive cultural products, but also did not have the intention or ability to send the right to the cultural products promised even if the defendant receives the money from the victim as the defendant thought to use the money for the cost of living.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 13,500 from the victim to the corporate bank account in the name of the Defendant on the same day.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as a written statement and a written statement of C and D;

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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