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(영문) 광주지방법원 2013.05.02 2013고정574

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2013, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Gwangju District Court, which became final and conclusive on April 19, 2013.

【Criminal Facts】

The defendant posted a false statement to the effect that he will sell lapt North Korea, etc. in B and Internet car page, and he conspireds to acquire lapt North Korea price from the victims.

1. On October 5, 2012, the Defendant: (a) connected the victim C by using an Internet site “AF” in the Southern-gu Seoul Metropolitan City EKapet, Seoul Metropolitan City, the Internet site; and (b) posted a text and photograph stating B’s Handphone number; (c) the victim C calls the above posted text; and (d) the Defendant and B were transferred KRW 90,000,000 from the victim to the post office (number G) account in the name of Nohbuk-gu, Seoul Metropolitan City, with the content and photograph “B,” and the Defendant and B were transferred KRW 1,90,000 from the victim to the post office (number G) account in the name of Nohbuk-gu, Seoul Metropolitan City.

However, even if the defendant and B received the above money from the victim, they did not have intention or ability to sell the above North Korea to the victim.

Accordingly, the defendant, in collusion with B, obtained 90,000 won from the victim.

2. On October 14, 2012, the Defendant: (a) accessed the victim H by using the “Matina” in the PC page located in the Nam-gu Seoul Metropolitan City, Busan Metropolitan City, using the Internet site in the Ekbook; and (b) up to KRW 2,050,00,00”, the Defendant posted a message and a photograph to the victim H; (c) called “B calls the victim H to the instant post office account in the name of sale within KRW 2,50,000,000,000,000,000”; and (d) the Defendant and the victim transferred KRW 2,50,000 to the said post office account on October 15, 2010.

However, fact is the defendant.