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(영문) 부산지방법원 동부지원 2015.01.06 2014고단2144

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money 214,00 won by fraud from C who is an applicant for compensation, and D who is an applicant for compensation.

Reasons

Punishment of the crime

The defendant has made an advertisement of goods on the Internet, and received money from the purchaser and received money from the purchaser.

On September 20, 2014, the Defendant, using smartphones in the Nam-gu Busan Metropolitan City Daedong-dong, posted a false statement on the Internet, stating that the Defendant would sell e-car poppy bicycles on the Internet, and that “on the transfer of money, the Defendant will send the bicycle” to the victim I who reported and contacted this.

However, since the defendant did not have the above bicycle, he did not have the intention or ability to send a bicycle even if he received money from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 155,00 from the victim, who was in his/her possession, to the bank account in the name of the Defendant as the price for goods, and by deceiving the sale of goods, such as smartphones, clothes, and shoes, from July 18, 2014 to November 3, 2014, and acquired KRW 14,204,50 in total from 71 victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, J, G, K, L, M, N,O, P, and Q;

1. The application of respective laws and regulations to the statements in relation to the E,F, R, S, TR, T, U,V, W, Y, Z, AAB, AC, AD, AE, AF, AF, AH, AI, AK, AK, AL, AM, I, I, ASEAN, AO, AP, AP, AP, Q, AS, AS, ATS, ATS, AU, AU, AP, BA, BB, B, B, BD, B, BF, B, B, D, BL, B, BM, BM, BM, BP, BP, B, B, BU, B, BU, B, and BV;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;