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(영문) 인천지방법원 2017.11.02 2017고정2063
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 4, 2016, the Defendant: (a) reported a notice of “small-sum loans” posted by the Victim K on a bulletin board, an online site’s “Nber” on a bulletin board; and (b) falsely told the victim to contact the victim by using a cell phone (AM) opened in the name of mobile phone AL and return 90% of the face value to cash when sending the Nofin number of cultural merchandise coupons.”

However, the defendant did not have any intention or ability to return cash even if he/she receives cultural gift certificates from the injured party.

The Defendant, by deceiving the victim and deceiving the victim, received 50,000 won cultural gift certificates from 14:44 on the same day from the victim, and did not pay the price to 50,000 won, even though 14:44 on the same day through the Kakao Stockholm, thereby obtaining pecuniary gains from 200,000 won.

Summary of Evidence

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. AL-related suspect examination protocol;

1. AK’s statement;

1. A petition and evidential documents;

1. Domestic investigation reports (whether a witness is involved in crimes, investigations of evidence attached), internal investigation reports (related to attachment of the Ministry of Agriculture, Forestry and Fisheries), and warrant response documents;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by AO telephone related to the money for selling cultural merchandise coupons), investigation reports (to hear statements by reference witnesses), investigation reports (to hear statements by AP telephone representing AP), investigation reports (to refer to the statements by a purchaser of cultural merchandise coupons), investigation reports (to the AS telephone by a purchaser of cultural merchandise coupons), investigation reports (to listen to statements by reference

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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