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(영문) 대구지방법원 김천지원 2014.06.05 2014고단288

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2012 to October 2013, the Defendant operated the Internet car page, “X”, “X”, which sells prototype return items.

"2014 Highest 288"

1. On June 17, 2013, the Defendant: (a) made a false statement to the victim Y that “I would send the answer items applied on October 7, 2013, which is the expected date of the Zf;”; and (b) received KRW 150,000, June 17, 2013 from the victim to the post office account (A) in the Zf’s name; (c) KRW 195,000, June 24, 2013; (d) KRW 150,000,00 on June 15, 2013; and (e) KRW 102,00 on August 5, 2013; and (e) KRW 50,000 on August 13, 2013; and (e) received the total amount of KRW 10,07,00 on August 10, 2013, respectively.

However, in fact, the Defendant received advance payments from the applicants for the return of the return items without any special property and purchased materials and made the return items. In order to provide financing due to the difficulty in the operation of the above X, the Defendant held various events at the Kaf site and held them to the winners of this event to “I would transfer the money to the person who applied for the return of the return items to other Kafegs, and will not have any intention or ability to send the return of the return items even if he received money from the victim.” Thus, the Defendant did not have any intention or ability to send the return of the return items.

In addition, from June 17, 2013 to September 28, 2013, the Defendant deceivings the victims, such as the statement in the crime list (1), and then transferred KRW 9,976,00 in total from the victims as the price for profacing return.

2. On August 9, 2013, the Defendant: (a) transferred deposits equivalent to the price for the instant return items to the members of the members who won the instant event on August 9, 2013; (b) delivered the instant return items in return for the delivery of the instant return items; and (c) published a post-statement on the instant return items after the cruel.