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(영문) 서울북부지방법원 2019.11.20 2019고정1417
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 13, 2019, the Defendant posted an article to the Dobong Cultural Information Library of Dobong-gu Seoul Metropolitan Government, 1, 418, stating that “To sell a computer traffic card” by accessing the Internet B, and reported it to the effect that “to sell a computer traffic card if deposit money is made.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the computer traffic card to the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received 70,000 won from the victim to the account of community credit cooperatives (D) in the name of the Defendant on the same day, and received a total of 2,946,000 won from the victims, including the same method from April 30, 2019 to April 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of C, E, F, and G;

1. Each certificate of transfer of the amount of damage;

1. Application of text messages to each statute;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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