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(영문) 서울북부지방법원 2017.06.23 2017고단1148
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around December 11, 2016, the Defendant posted a letter to the effect that he/she is “On-the-spot 3 account sharing” on the tables that he/she is operating in the Defendant’s residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and reported it to the effect that “The victim C will give 25,000 won cultural gift certificates to the face-to-face account.”

However, the defendant did not have any intention or ability to transfer the above 3 accounts to the victim.

Nevertheless, on December 11, 2016, the Defendant received two copies of cultural merchandise coupons equivalent to KRW 5,000 as the sales proceeds of the above online 3 accounts from the injured party, and two copies of cultural merchandise coupons equivalent to KRW 10,000, around December 12, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Around December 19, 2016, the Defendant stated that “The Defendant would transfer 60,000 won cultural gift certificates to the online 3 games account in the face of the State” to the victim D, who had contacted the Defendant’s residence located in Dongdaemun-gu Seoul Metropolitan Government, by reporting that “the sharing of one’s online 3 games account” posted on his/her tables is “the sharing of one’s own 3 games”.

However, even if the victim received cultural merchandise coupons, the defendant did not have the intention or ability to transfer the above online 3 games account.

Nevertheless, the Defendant received six copies of cultural gift certificates equivalent to KRW 10,000 as the sale price of the same day from the injured party.

Summary of Evidence

"2017 Highest 1148"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Terms and conditions exchanged with suspect "2017 Highest 1789";

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (Submission of Victim Data);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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