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(영문) 부산지방법원 2019.01.15 2018고단4342

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 145,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[Criminal Power] On June 15, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and completed the execution of the said sentence on April 18, 2018.

[2018 Highest 4342] On May 15, 2018, the Defendant visited the Internet D’s website using his/her cell phone at Suwon-si Suwon-si, Suwon-si, and made a false statement that “The Defendant would sell 200,000 won or more to the fishing market at the face of the State” by having the victim contact with the victim by using his/her cell phone.

However, the defendant did not have an intention or ability to sell the money even if he received the money from the victim and did not have a fishing market price.

The Defendant received 200,000 won from the victim’s bank account in the name of the Defendant, and acquired it by means of the same method from the date and time to September 11, 2018, a total of 33 victims, as shown in attached Table 1, including the transfer of KRW 4,890,000 from the victim.

[2018 Highest 4544] On May 12, 2018, the Defendant posted a letter “G” website using a mobile phone device at Suwon-si, posted it on the bulletin board, stating that the Defendant would send the said goods to the victim H who reported and contacted with the “G”.

However, in fact, the defendant received money from the victim and thought to use it as living expenses, etc., but did not have the intention or ability to sell it to the victim.

On the same day, the Defendant received 290,000 won from the victim to the I bank account in the name of the Defendant for the price of goods, and acquired it by fraud.

[2018 Godan5183] Around August 10, 2018, the Defendant posted a notice to the effect that “G” site is “ sold at KRW 400,000,00,000,” by accessing the PC located in Bupyeong-gu Incheon.