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(영문) 부산지방법원 2016.03.09 2015고정4444
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 27, 2014, the Defendant: (a) reported on August 27, 2014, the Defendant: (b) stated that the Defendant purchased a cultural gift certificate on the victim C (at the age of 16)’s D bulletin board of this Internet; and (c) made contact with the victim, that the Defendant sold KRW 20,000 cultural gift certificates at KRW 15,00.

However, even if the victims receive money from the victims, there was no intention or ability to sell cultural merchandise coupons.

The Defendant, including the transfer of 15,000 won to the post office account (E) in the name of the Defendant from the injured party of the same day of the purchase price for cultural merchandise coupons;

8. From around 21. to October 8 of the same year, a total of 657,200 won was remitted from six victims, such as C, etc., on six occasions as in the list of crimes in the annexed crime.

Accordingly, the defendant acquired the victims' property by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in F, G, H, C, I, and J;

1. Application of Acts and subordinate statutes to confirm transaction details, copy of the statement of transactions automatically entering and withdrawing cash, copy of deposit certificate, detailed statement of transactions with automatic entering and withdrawing cash, and verification of transfer of Internet banking;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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