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(영문) 서울중앙지방법원 2016.09.29 2016고단3897

사기

Text

As to the crimes of No. 1 in the judgment of the defendant, a fine of two million won shall be imposed, and as to the crimes of No. 2 in the judgment of the defendant, two months shall be punished.

Reasons

Punishment of the crime

[criminal records] On February 13, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 21, 201, and the judgment became final and conclusive on October 16, 2014. On October 24, 2014, the same court was sentenced to a suspended sentence of two years and a fine of seven million won for fraud, and the judgment became final and conclusive on July 7, 2016, upon being sentenced to imprisonment of ten months with prison labor for fraud at the same court and on August 26, 2016.

[2] On January 1, 2014, the Defendant: (a) visited the Defendant’s mobile phone in the vicinity of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, in order to access the Internet portal site to the Defendant’s Internet portal site “China High-Tech” car page; and (b) to purchase the age Switzerland as an agent.

A false statement was made to the effect that “A victim C, who reported and contacted the Defendant, deposited KRW 150,000,000, would purchase the said goods on the face of deposit.”

However, even if the defendant received money from the victim as above, he did not have the intent or ability to deliver the money to the victim by buying the goods on his behalf.

Nevertheless, on January 17, 2014, the defendant deceivings the victim by the above method and transferred KRW 150,000 from the victim to the corporate bank account (D) in the name of the defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On September 27, 2015, the Defendant, “2016 Highest 4709,” prepared by the Defendant, around September 23:20, 2015, using the Defendant’s mobile phone at the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government E-gu, to access the Internet portal site to the “F car page” page after the victim G wanting to produce the intent to deposit KRW 240,000,000 to the victim.

“A false statement was made to the effect that it was “.”

However, even if the defendant receives money from the injured party as above, he will produce the agenda and make it available to the injured party.