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(영문) 부산지방법원 2016.11.23 2016고단4897

사기

Text

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

"2016 Highest 4897"

1. Around April 22, 2016, the Defendant posted a letter stating that “the sale of used art products (in person form) is carried out,” which is an Internet trading site, at a place where a location below Seoul is unknown, the Defendant demanded the victim C who contacted with the said notice to “the delivery of the money, if the money is sent,” thereby demanding the cost of goods.

However, the defendant did not have any intention or ability to deliver the article, even if he did not receive the money from the victim due to the lack of art supplies at the time.

Nevertheless, the Defendant received 115,000 won from the Korean bank account (Account Number: D) in the name of the Defendant on the same day from the victim who made a false statement as above.

In addition, the Defendant, from that time until August 13, 2016, received the total amount of 6,957,000 won by deceiving 37 victims by the aforementioned method, as shown in the attached list of crimes, from that time until August 13, 2016.

"2016 Highest 5449"

2. On May 19, 2016, the Defendant, at the Defendant’s house located in Ulsan-gun E-gun, Ulsan-gun, a building 202, posted a false statement to the effect that “I would purchase the fishing age and at the same time, I would send the said things if I would first send the money.”

However, the Defendant did not have the above objects and did not have any intention or ability to send money to the victim even if he received money from the victim first.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 100,000 to the bank account in the name of the Defendant on the same day from the victim.

"2016 Highest 5671"

3. On July 3, 2016, the Defendant committed the crime against the Victim G by accessing the Internet NAVV online website in the building of Ulsan-gun, Ulsan-gun, a U.S., to Habane, and Habnent.