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(영문) 서울중앙지방법원 2018.05.09 2017고정2953
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 June 4, 2017, the Defendant: (a) around 18:20 on the Internet, and (b) around 18:20 on the Korean bulletin board, referred to as “I” in Ireland mobile merchandise coupons 50,000 won to 90 protocols.

The phrase “to send gift certificates to the account if you send money to the account” was posted and reported to the victim C ( South, the age of 27).

However, even if the defendant received money from the injured party, he did not have the intention or ability to send cultural merchandise coupons.

The Defendant, as such, by deceiving the victim, received 45,000 won as the sales proceeds of cultural merchandise coupons from the national bank account in the name of the Defendant at around 20:27 of the same day from the victim.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. C’s statement;

1. Details of transfer and use of merchandise coupons;

1. Materials posted to other victims;

1. The details of other buyers and letters [the defendant and his defense counsel sold merchandise coupons transmitted by the defendant in duplicate from the purchasing place to another person, and then sold it again to the victim by the actual waterways, and there was no intention of defraudation;

However, according to the evidence duly adopted and examined by this court, the defendant had already sold the same merchandise coupon to another person before selling it to the victim, three days thereafter, and again sold the same merchandise coupon to the victim. The victim attempted to charge online for the use of merchandise coupon, but did not charge online for the use of merchandise coupon, but the contact with the defendant was cut off. Thus, in light of the above fact of recognition, the intention of defraudation can be recognized, and other circumstances supporting the defendant's change of address do not seem to have been observed.) The application of the law is applied.

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. The order of provisional payment;

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