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(영문) 부산지방법원 2014.05.22 2014고단2786

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 28, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at the Busan District Court's Dong Branch, and on February 2, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor in Busan District Court for fraud, etc. on May 21, 2009, and on May 21, 2009, the said suspended sentence becomes null and void, and the parole period was expired on January 29, 2010 during the execution of the sentence, and the parole period was expired on April 13, 2010.

1. Crimes against victims C;

A. On March 9, 2011, at the same time, around 17:40 on March 9, 2011, the fraud Defendant stated that “A victim C who met through the Internet hosting website at the coffee shop near the East subway Station located in the Busan East-gu, Busan, would be paid KRW 2 million on a day-to-day basis on the condition that he/she met once a week. If he/she is in charge of a cash card so that he/she is able to believe one another, and is informed of the password, he/she will immediately transfer two million won to the card.”

However, the fact was that the defendant did not have the intention or ability to send two million won to the victim, and rather, he thought that he would collect money using the cash card that he received from the victim.

The Defendant, as above, received the Agricultural Cooperative Cash Card in the name of the victim's mother D and acquired it by fraud immediately.

B. At around 18:00 on March 9, 201, the Defendant: (a) took advantage of the cash card obtained by deception from a branch office of the foreign exchange bank located in Busan Jin-dong, Busan, and subsequently withdrawn KRW 1030,000 against the will of the said manager of the cash payment machine; and (b) subsequently stolen the said card.

2. Crimes against victims E;

A. On March 22, 2011, at around 23:00 on March 22, 2011, the Defendant said that “The Defendant provided that “The cash card in the name of another person is required to raise funds for business purposes. To lend the card, the Defendant would offer money if he/she lends the card.”

However, fact is that the defendant has no intention or ability to send money to the victim.