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(영문) 인천지방법원 부천지원 2017.05.24 2017고단748

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2017 Highest 748] On September 16, 2016, the Defendant posted a notice to the effect that “Pmp is sold by accessing Internet NAV and foreign carpets” at a closed place. On the other hand, the Defendant would deliver the goods upon deposit to the victim B.

A false statement was made.

However, even if the defendant receives the above payment, he did not have an intention or ability to deliver the goods promised.

As such, the Defendant, by deceiving the victim, received KRW 132,00 from the victim to the Agricultural Cooperative Account (C) under the name of the Defendant, and acquired KRW 592,00 from the five victims, including from around that time to October 8, 2016, by remitting KRW 592,00,00 from the victim as indicated in the crime list.

[2017 Highest 754] On November 8, 2016, the Defendant written a notice stating that “PPMC 732Gs are sold to the Internet NAP Kafe, a foreign country, using a computer installed at such a frying frying room in Seongbuk-gu, Sungnam-gu, Sungnam-gu.” The Defendant reported this to the victim D using the Kakao Kao Stockholm to “on deposit of KRW 100,000 won.”

However, since the defendant did not have a PPM, even if he received money from the injured party, he did not have the intention or ability to send the PPM.

As such, the Defendant, by deceiving the victim, received KRW 100,00 from the victim to the NongHyup Bank account (E) in the name of the Defendant, and received KRW 2,10,000 in total twice as shown in the attached crime list.

Summary of Evidence

[2017 Highest 748]

1. Statement by the defendant in court;

1. Each statement of B, F, G, H, and I;

1. Details of each transfer, Kakao Stockholm dialogue, and reply to financial transaction information [2017 Highest 754];

1. Statement by the defendant in court;

1. Written statements from J and D;

1. Details of each transfer and application of the Acts and subordinate statutes on response to financial transaction information;

1. Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the imprisonment with prison labor for each of the following: