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(영문) 광주지방법원 2014.01.07 2013고단1855

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

[2013 Highest 1855] The Defendant, on December 15, 2012, connected to the Internet NAV KafafC site, sold books among the general theories of administrative law 2013.

“The purpose of this paper is to make a false statement to the effect that “A person who makes a prior payment of KRW 28,000 to a victim who made a false statement to the effect that “A person who makes a false statement shall sell the above books.”

However, even if the defendant received the sale proceeds from the victim, he did not have the intention or ability to sell the above books.

On the same day, the defendant acquired 28,000 won from the victim to the Gwangju Bank Account (E) in the name of the defendant from the victim as the sales proceeds.

[2013 Highest 5575] On August 2, 2013, the Defendant made a false statement that “The Defendant would have a victim G share data IDs of the current licensed real estate agent Internet lectures, if sent,” as text messages, at the PC room where the name of the Defendant’s house located in the Seo-gu, Seo-gu, Gwangju, is unknown.”

However, as the defendant did not attend the Internet lectures of licensed real estate agents, he did not have the intention or ability to share IDs even if he received the payment from the victim.

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 150,000 from the victim to the Agricultural Cooperative Account under the name of father H in August 2, 2013.

[2013 Highest 6344] The Defendant, as a member of the homeland reserve forces, failed to deliver a muster notice for training members of the homeland reserve forces by moving PCs, etc. from November 201 to September 26, 2013, without justifiable grounds, or reported differently from the fact that he/she is unable to deliver a muster notice for training members of the homeland reserve forces, such as moving PCs, etc. to a certain place of residence, or filed a false report, and made the resident registration cancelled around September

Summary of Evidence

[2013 Highest 1855]

1. Defendant's legal statement;

1. Written statements of D;

1. Transfer certificate (2013 highest 5575);

1. Defendant's legal statement;

1. G statements;

1. Results of transfer management;