beta
(영문) 수원지방법원 안산지원 2016.12.15 2016고단2486

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant pays 34,562,00 won to D who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

[2016 Highest 2486] On December 2, 2015, the Defendant made a false statement to the victim C, the representative of “G”, the Internet revenue complete sales site, stating that “I will send goods, such as the import complete equipment (patch, satisf products) in advance, to the victim C, the representative of “G”, who is the Internet import complete sales site.”

However, in fact, the Defendant did not have any specific property or revenue source and had any obligation equivalent to KRW 40 million with respect to H, which is the land owner, and thus did not have any intent or ability to send the goods to the victim even if the price for the goods is paid in advance.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 77,140,000 in total as the price for goods 18 times from around December 29, 2015 to around April 12, 2016, by receiving KRW 77,140,000 in total as the price for goods, etc. from around 18 times, as stated in the attached Table I, from around that time to around December 29, 2016.

[2016 Highest 4013] The Defendant is a person who operated an Internet complete shopping mall in the name of “J” from July 2009 to April 2016, under the trade name of “J” in the [F] and “J” from May 2009 to April 2016.

On November 14, 2015, the Defendant stated that “The Defendant would send goods, such as the completion of import, to the victim D, who is the representative of “K”, at the warehouse of the J, and at the same time, at the victim D, the representative of “K,” which is another Internet sales site.”

However, in fact, the Defendant was thought to use the money that he received from the victim for the repayment of the money for gambling or the money for the goods that was not paid to other business partners, and thus there was no intention or ability to purchase and deliver the money in return for the payment of the goods.

The Defendant received KRW 1,025,00 from the victim as the purchase price for the same day as the Plaintiff received the full-time import of the Defendant’s goods from the victim and tolux 3.