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(영문) 서울북부지방법원 2017.10.25 2017고단1659

사기

Text

A defendant shall be punished by imprisonment for three years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On September 2015, the Defendant received a request for the sale of English teaching materials, such as “H,” produced from G that operates the business of selling English teaching materials in the name of “F” located in Seoul Special Metropolitan City, Nowon-gu, the Defendant would be entitled to refund to the victims if he/she pays the penalty, cancellation fee, etc. by telephone to the victims, with the fact that he/she had customer information about the victims.

In a false manner to induce the victims to make an additional settlement by deceiving them to acquire money.

On March 17, 2016, the Defendant made a false statement to the victim J by telephone at the Defendant’s residence located in 103 Dong 2002, the Defendant called 103-dong 1002, stating that “The Defendant would refund approximately KRW 7,00,000 to October 10, 2016, KRW 2,980,000,000,000,000,000,000 won for the amount that was settled before the towing to the extent that the payment was made in advance.”

However, the victim did not have to pay additional English teaching materials, and even if the victim received the above amount from the injured party, the defendant did not have an intention or ability to refund the previous settlement amount, etc.

The defendant had the victim settle 2,980,000 won with the Nonghyup Card in the name of the victim and acquired it by fraud.

In addition, from September 4, 2015 to February 8, 2017, the Defendant deceiving victims by the same method over 565 times, such as the written list of crimes, and acquired a total of KRW 1,313,680,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Each police statement in relation to J, K, L, M, N,O, and P;

1. Written statements of victims;

1. Application of Acts and subordinate statutes to the details of replies by each card company;

1. Article 347(1) of the Criminal Act (victim Q. .