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(영문) 부산지방법원 2015.12.23 2015고단4315

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be 170,000 won to C who is an applicant for compensation with the money obtained by deception.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Ulsan District Court on January 16, 2014, and the judgment became final and conclusive on January 24, 2014, and is still under probation.

Around March 11, 2015, the Defendant, “2015 Highest 4315,” posted an article on the Internet Niberian website to purchase cartoon books, and made a false statement that the Defendant would sell the cartoon books to the victim KRW 32,000.

However, since the defendant did not have the above cartoon book, even if he receives money from the victim, he did not have the intent to send the above cartoon book.

The Defendant, as described in attached Table 1, by deceiving the victim as such, and receiving KRW 32,00 from the new bank account (Account Number: I) in the name of the Defendant from the victim, and then receiving KRW 32,00 from the victim, the same year from January 1, 2015.

5. From 117 victims to 18.17, a total of 5,570,500 won was remitted and fraudulently acquired from 117 victims.

"2015 Highest 4795"

1. Around January 4, 2015, the Defendant posted a letter on the Internet NAVER website “Pop-up shop 100-3 Top-up shop” on the Internet NNA website in Ulsan-dong-gu, Ulsan-gu, and made a false statement to the victim J that reported and contacted it.”

However, since the defendant did not have the above mobile phone, the defendant did not have any intention or ability to send the above mobile phone even if he receives money from the victim.

As such, the Defendant, by deceiving the victim, received 180,000 won from the victims to the Agricultural Cooperative Account (Account Number:K) in the name of the Defendant.

2. On January 22, 2015, the Defendant made a false statement to the victim L, who reported and contacted the comments posted under the foregoing paragraph (1), stating that “I will send things if you send 1.60,000 won.”

However, the defendant's cell phone is the above.