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(영문) 서울중앙지방법원 2013.10.25 2013고단117

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On September 6, 2012, the defrauded: (a) sent a false statement to the Defendant’s name bank account by phone call from the victim C, who posted an article to the effect that “to purchase the Hague Phphone case” was connected to the Internet website; and (b) sent the price to the account on the B’s bulletin; and (c) notified the Defendant’s name bank account.

However, the defendant did not possess the above goods and did not have the intention or ability to sell them.

The Defendant, as such, by deceiving the victim, received KRW 50,00 from the victim to the above national bank account under the pretext of the Hague Phone case.

From that point to that of the 18th day of the same month, the Defendant received a total of KRW 286,000 from seven victims on seven occasions in the same manner as shown in the attached list of crimes.

2. At around 01:00 on September 3, 2012, the Defendant stolen the victim F, the victim F, the victim G, and the victim G, who drinked alcohol on his own will, and used the gap in the victim F, the victim F, the victim F, the victim F, and the victim G, and then stolen the victim F, from the victim F, one copy of the victim F, the victim F, the victim F, and 30,000 won in cash owned by G at the victim G, respectively.

3. The Defendant violated the Electronic Financial Transactions Act: (a) searched a notice to the effect that he/she will purchase a passbook by accessing the Internet NAV website; and (b) calls for visitors to writing to receive money from them; and (c) sells a passbook.

On September 2012, the Defendant issued a passbook (Account Number H) to the National Bank in the name of the Defendant, after receiving KRW 100,000,000,000 from the Defendant, to purchase a passbook around the New Forest Station in Seoul Special Metropolitan City, and on the Internet NAV car page.

The Defendant opened the account I of community credit cooperatives at the same place on September 5, 2012, and opened the account I in the same manner as above.