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(영문) 대구지방법원 안동지원 2013.09.12 2013고단239

사기

Text

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

Reasons

Punishment of the crime

[2013 Highest 239] On February 2, 2013, the Defendant: (a) by accessing Nber E from the PC “D” bank located in Jung-gu Seoul Central District on February 2, 2013, the Defendant said that the victim F want to purchase a Class 4 set of the Hoson Model-gu Seoul Central Library; and (b) concluded that the victim would transfer the price of KRW 120,000 to the victim and send the product on the face.

However, in fact, even if the defendant did not have a model or complete tool to send the victim from the beginning and received money from the victim as the price for the goods, he did not have any intention or ability to send the goods.

The defendant received 120,000 won from the victim as the price for the goods on the same day.

From November 12, 2012 to May 6, 2013, the Defendant received the total sum of KRW 9,193,000 from the victims by means of the same 44 times in total as shown in attached Table 1, as shown in attached Table 1, from November 12, 2012, and acquired the money.

(In light of the records of the instant case, since the date and time “3. 24. 201” in [Attachment 14] No. 14 is clearly clerical error, the Defendant made a false statement that “D” bank located in Jung-gu Seoul, Jung-gu, Seoul, means “D” bank, around April 28, 2013, the Defendant: (a) reported that “D” bank located in Jung-gu, Seoul, would purchase visual visibility on Internet Nene Ek; and (b) sent the victim “ will send visual visibility when sending the price.”

However, the defendant did not have any intention or ability to send visibility even if he receives money from the victim as the price, because the victim did not have any view to purchasing.

On April 30, 2013, the defendant acquired 500,000 won from the victim by remittance for visual price.

[2013J, on March 28, 2013, the Defendant lent a k5 car to the victim from the “J” of the victim I operated in Songpa-gu Seoul Metropolitan Government H on March 28, 2013.

3. By 29.12:00, returned and lent; and