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(영문) 창원지방법원 진주지원 2015.08.12 2015고단527

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant C for the damage KRW 200,000,000.

Reasons

Punishment of the crime

[2015 Highest 527] On March 26, 2015, the Defendant posted a letter to the effect that “the Defendant sells goods, such as air conditioners, washing machines, children’s books, etc.” in the Defendant’s residence located in Jinju City F using smartphones, and that “the Defendant will send the goods to the victim G who reported and contacted the above notice to the effect that “the goods will be sent first.”

However, since the defendant did not possess the above goods at the time, there was no intention or ability to send the goods even if he receives the price for the goods from the victim.

As such, the Defendant, by deceiving the victim, received KRW 800,000 from the victim’s new bank account under the name of the Defendant on the same day as the price for goods, and received KRW 17,165,000 in total over 65 times from March 11, 2015 to June 7, 2015.

[2015Kadan574] On November 17, 2014, the Defendant told the victim H of the PC to the effect that “The Defendant will enmine the mobile merchandise coupons to B through Tsto deliver it to B through Tsto.”

However, even if the gift certificates were received from the victim at the time, they were cashed and the defendant intended to use them for living expenses, etc., and the victim did not have any intention to reissue cash equivalent to the gift certificates.

As such, the Defendant, by deceiving the victim, received KRW 11,175,000 in total from the victim, including the amount of KRW 1,70,000,000 in total, from that time until January 6, 2015, as indicated in the attached Table 2, as well as the amount of gift certificates or cash equivalent to KRW 11,175,00 in total, from the victim, on the same day.

Summary of Evidence

[2015 Highest 527]

1. Defendant's legal statement;

1. Each police statement of the I, J, K, and L;

1. G, D, C, M, N, E,O, P, Q, R, S, T.