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(영문) 인천지방법원 부천지원 2019.07.05 2018고단3460

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from D who is an applicant for compensation, 2,050,000 won, and E who is an applicant for compensation.

Reasons

Punishment of the crime

[2018 Highest 3460] On July 4, 2018, the Defendant posted a false statement to the F apartment in Gyeonggi-si Kimpo-si, the Defendant’s house, and the Defendant’s house of Gyeonggi-do, Kimpo-si, and G, that “To sell Laos” by accessing the Internet community H, and then send text messages to the victim I (the age of 17) who had contacted, and then sent the text messages to the victim I (the age of 17).

However, as the defendant did not have an Obaba and was planned to use it for gambling funds with money from the victim, there was no intention or ability to deliver Obaba to the victim as the promise.

As above, from July 13, 2018 to October 6, 2018, the Defendant: (a) by deceiving the victim; (b) received KRW 1,540,000 from the victim’s account in the name of J Union (K) from around July 13, 2018 to from around October 6, 2018 as the payment and delivery expenses; and (c) obtained a total of KRW 14,00,000 from 12 persons in the same manner as indicated in the annexed crime list (1) from around that time to October 11, 2018.

[2018 Highest 3499] On November 13, 2018, the Defendant posted a false statement that HBR 12512 model Otoba in access to the PC page of the first floor M of L building underground in Kimpo-si, Kimpo-si, and sold HBR 125 12, and then, the Defendant sent a false statement to the victim N who sent contact with him to deposit KRW 760,000 won.

However, in fact, the Defendant did not have Oralba, and there was no intention or ability to sell Oralba to the victim from the beginning because the Defendant planned to use it as gambling money with money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 7.60,00 from the victim to the O association account (P) in the name of the Defendant, and subsequently, acquired KRW 1.61,00 from three victims, from November 20, 2018, such as the list of crimes (2).