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(영문) 대구지방법원 포항지원 2017.07.25 2017고단348

사기

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On January 20, 2017, the Defendant was sentenced to a suspended sentence of one year for fraud at the Daegu District Court, and the judgment became final and conclusive on February 1, 2017.

On February 12, 2017, the Defendant, “2017 Highest 348, the Defendant: (a) reported the intent to purchase the games items on the “D” bulletin board posted on the Internet site “D; and (b) transferred KRW 340,000 to the victim, the Defendant expressed that he would send the games items, if he/she remitted KRW 340,00 to the victim.

However, since the defendant did not possess a game item to be sold, even if he received money from the injured party, he did not have the intention or ability to send the game item.

The Defendant, as such, by deceiving the victim, received 340,000 won from the victim’s account in the name of the Defendant on the same day from the victim, and received 4,271,000 won in total from the victims 14 times in total, such as the list of crimes (1) in attached Form No. 13, from March 13, 2017.

On February 22, 2017, the Defendant, “2017 Highest 471, the Defendant,” stating that the Victim E purchases “Y-gu son and child” posted on the Internet website Nurier’s website and on the Korean carpet bulletin board, the Defendant sent back KRW 26,00 to the Victim when sending KRW 26,00 to the Victim.

However, since the defendant did not own a mother and child of the field of sale, even if he received money from the injured party, he did not have the intention or ability to send the game items.

The Defendant, by deceiving the victim as such, received KRW 26,00 from the victim to the account in the name of the Defendant on the same day, and received KRW 26,000 from March 22, 2017, total sum of KRW 16,821,00 from the victims, from March 22, 2017, from the time of transfer to March 2, 2017.

Summary of Evidence

"2017 Highest 348"

1. Statement by the defendant in court;

1. C, F, G, H, I, J, K, L, M, N,O, P, Q, and R 1.