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(영문) 청주지방법원 2015.05.21 2015고단465
사기
Text

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

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

Reasons

Punishment of the crime

On May 16, 2014, the Defendant posted a notice on the Internet site N.V. Rober Bluter’s “Y7/12 Saturdays” on May 16, 201, stating that “The Defendant would transfer a performance ticket by remitting KRW 290,00 to the public performance ticket price” to the victim DO who reported and contacted the above notice.

However, even if the defendant receives a performance ticket payment from the victim, he did not have the intention or ability to transfer the performance ticket to the victim.

Nevertheless, on May 17, 2014, the defendant deceivings the victim as above, and acquired 290,000 won from the account of community credit cooperatives (Account N) in the name of the defendant under the name of the victim in the name of public performance diskettes.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed for the preparation of the DO;

1. Application of Acts and subordinate statutes to the details of public performance pocket books, details of deposits, details of notices, and details of conversations;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is deemed to disrupt the order of the Internet commercial transactions.

Moreover, even though the defendant had been sentenced to one year of probation on November 16, 2012 due to a crime of fraud, he committed the same crime during the period of probation, and did not recover from damage.

However, the Defendant reflects the mistake and commits similar crimes committed at a similar time as the instant crime, and is currently pending in the appellate trial on January 29, 2015 after having been sentenced to imprisonment of one year and four months by this court, and the amount of damage caused by the instant crime is relatively little, and the motive for the instant crime.

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