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(영문) 서울북부지방법원 2016.08.12 2016고단1450

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2016 Highest 1450"

1. On July 24, 2015, the Defendant made a false statement to the victim D, E, F, G, H, I, J, K, L, M, N,O, and B that he/she would purchase a musical pocket book on the victim D’s NV block, and that he/she would send a musical pocket book if he/she would send money to the victim.

However, even if the defendant receives the price for the goods from the injured party, he did not have the intention or ability to deliver the goods.

As such, the Defendant, by deceiving the victim, received KRW 103,00 from the victim to the post office account under the name of the Defendant for the consideration of goods, and the prosecutor, from around that time to December 27, 2015, stated the sum of KRW 1,706,50,00 in total, as stated in the list of crimes in attached Table 13 times from that time, was stated in the text of indictment as KRW 1,760,50. The sum of damages in the list of crimes was KRW 1,706,50. The prosecutor’s written indictment was written as KRW 1,706,50 in the list of crimes. Since it is apparent that the sum of the written indictment written by the prosecutor is a clerical error, it shall be corrected ex officio.

It received considerable amount of money from remittance and acquired it by fraud.

2. On March 4, 2015, the Defendant against the Victim Cop Co., Ltd.: (a) made a loan to an employee of the Victim Co., Ltd. Co., Ltd. (hereinafter “P”) in the name of the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) to pay money.

“The purpose of “ was to make a false statement.”

However, there is no fact that the defendant worked for the above P P company at the time, and there was no intention or ability to repay the money even if he received the money from the injured party.

As such, the Defendant, by deceiving the above employees, received 3,000,000 won from the above employees for the same day as loans.

"2016 Highest 1651"

3. On June 23, 2015, the Defendant against the victim C was the victim C’s “micket” in a country of Internet NAVER C, and around the same day.