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(영문) 대전지방법원 2015.09.24 2015고단1888

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 188] On January 9, 2015, the Defendant posted a false notice to the effect that “the sales of ging and string machines,” a part for automobile test, by accessing the B’s website by means of a computer, at a scambling room where the trade name in the string of Daegu Seo-gu, Daegu, and the Defendant could not be known, and that “the said part would be delivered when remitting KRW 100,000 to the victim C.”

However, since the defendant did not possess the above automobile test parts, even if he received the money from the victim, he did not have the intention or ability to deliver it.

As such, the Defendant, by deceiving the victim, received KRW 100,000 from the victim to the bank account (D) in the name of the Defendant at around that time under the name of the victim, and received KRW 1,392,00 from the victim to February 5, 2015 by deceiving the victims as described in the attached Form 1 in the aforesaid manner, and by receiving KRW 2,392,000 in total over 13 times from the victim to February 5, 2015.

[2015 Highest 2055] On July 9, 2014, the Defendant posted a letter to the effect that “a golf bond is sold” by accessing the Internet “Neber Highest Republic” website by using a computer at Daejeon, etc., and when remitting KRW 3.80,000 to the victim E who reported and contacted the above letter, he/she will deliver golf bonds.

The phrase “assumed.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell golf bonds.

Nevertheless, around July 9, 2015, the Defendant received 380,000 won from the victim E to the bank account in the name of the Defendant, and received from around that time to February 26, 2015 a total of 3,61,000 won from the victim, as described in attached Table 2, as shown in attached Table 2.

Accordingly, the defendant deceivings the victim.