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(영문) 수원지방법원 평택지원 2017.09.27 2016고정763
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

On August 28, 2016, the Defendant posted a false statement to the victim B, stating the purchaser’s intent, stating that “The Defendant would sell gift certificates of KRW 500,000 upon deposit of KRW 420,000,00,000,” by accessing the NAV to the NAC at a non-fluoral place.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to sell cultural merchandise coupons to the injured party.

As such, the Defendant, by deceiving the victim, received 420,000 won from the victim to the corporate bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on internal investigation (the account holder A and telephone communications with the account holder);

1. A written petition;

1. Details of financial transactions;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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