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(영문) 청주지방법원 2016.09.28 2016고단1251

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment with prison labor at the Cheongju District Court on August 11, 2016 and the said judgment became final and conclusive around that time.

[Criminal facts]

1. On February 2, 2016, the Defendant posted a notice on the following portal sites’ access to D’D car pages by computers, and posted a notice on around the fourth day of the same month that “I will sell A’s e-mail” by accessing the above e-mail at the above e-mail room, and then sent a false notice to the victim E who reported and contacted the above e-mail that “I will send A’s e-mail and A’s e-mail if I’s e-mail transfers KRW 50,000.”

However, in fact, the Defendant did not have an Ameral and Ru Blusle Pi, so even if he received the payment from the injured party, the Defendant did not have any intention or ability to send Ameral and Rublusle Pi to the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received 50,000 won from the victim to the account under the name of the Defendant around the 5th of the same month.

2. On February 12, 2016, the Defendant posted a false statement stating that “I will send things if you send KRW 370,000,000” to the victim G who reported and contacted the above notice at around that time by accessing the “F car page” of the NAV portal site via a computer.

However, in fact, the Defendant did not have Linnban Linbru, so even if he received the payment from the injured party, the Defendant did not have any intention or ability to send Linbru to the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received 370,000 won from the damaged person to the account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. E.