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(영문) 수원지방법원 2015.06.11 2015고단359

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On January 23, 2015, the Defendant was sentenced to a suspension of execution of four months of imprisonment for fraud at the Suwon District Court on January 23, 2015, and the judgment became final and conclusive on January 31, 2015.

[2015 Highest 359] On July 18, 2014, the Defendant posted a false statement to the effect that “SK's right to oil, etc. is sold on the Internet NAV website bulletin board.”

When the victim B, who believed this, contacted with the telephone number posted in the above sales text, the defendant made a false statement that "the defendant will send money to the Saemaul Treasury C account."

However, even if the defendant receives the price of goods, he did not have the intention or ability to sell the goods normally.

From around that time to December 2, 20 of the same year, the Defendant received the total sum of KRW 1,203,450 from 26 victims as shown in the annexed crime list from around that time to December 2 of the same year by remittance.

[2015 Highest 892] On July 18, 2014, the Defendant sent a false statement to the victim by accessing the Internet NABna website at a non-place on the Internet NABna website, and by visiting the victim to the effect that the victim would sell NAB merchandise coupons, and then sending KRW 180,000 to the victim if he/she informed 10,000 won of NAB merchandise coupons 2.

However, the defendant did not have an intention or ability to pay the price even if he received the Fin number of the above merchandise coupon from the victim.

The Defendant acquired financial benefits equivalent to KRW 180,000 from the victim in a way that the Defendant received each Fin number of 100,000 won from the victim in the mobile phone text, but did not pay the price.

[2015 Highest 1523] On July 9, 2014, the Defendant posted a notice stating that “the gift certificates shall be inserted” by accessing Internet NAVVERs in a non-permanent place, and then sending KRW 90,000,000,000,000 to the victim E who reported and contacted this.