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(영문) 대구지방법원 서부지원 2017.09.20 2017고단416

사기

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, on December 6, 2016, at the “CPC room” located in Daegu-gu, Seogu, Daegu-gu, 2016, sells “Plass 4 game flags and game CDs” on the bulletin board of the country among Internet NAV and on the Korean car page.

“After posting a letter,” the victim D who reported and contacted the letter will send “240,000 won to the game machine and the game straw to the face of the transfer of the account.”

“The phrase “ was false.”

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to sell the 4th game machine and the game mold to the injured party.

The Defendant: (a) by deceiving the victim as above; (b) received 240,000 won from the victim’s account in the name of the Defendant from the victim; and (c) received the remittance of 910,000 won in total from three victims in the same manner as indicated in the List of Crimes in the attached Table.

On November 27, 2016, the Defendant posted a false statement on the “GPC room” located in F, Daegu-gu, Daegu-gu, that reads that “Aphone 5s are sold” on the Internet website bulletin board, and then sent KRW 95,000 to the victim H who reported and contacted the writing “95,00 won on the face of the transfer of the account.”

However, the Defendant did not have the above portable phone, and there was no intention or ability to sell the above portable phone even if he received the payment from the injured party, because the Defendant did not have the above portable phone, and was thought to use it for the cost of living with money from the injured party.

The Defendant, as such, by deceiving the victim, received 95,00 won from the victim’s Daegu Bank Account (I) in the name of the Defendant.

Summary of Evidence

"2017 Highest 416"

1. Statement by the defendant in court;

1. Each statement of D, J and K;

1. The detailed statement of deposit transactions, the details of photographs of the results of transfer, and conversations, and the immediately inquiry into the results of transfer "2017 order 1564";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Criminal facts;