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(영문) 광주지방법원 2017.07.27 2016고단3901

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2016, the Defendant, who committed the crime of 2016 Highest 3901, posted a false statement stating that “The Defendant would send the Hague power to the victim E who had contacted the Defendant by accessing Internet NAVV to a foreign car page in the flusium located in Gwangju Mine-gu, Gwangju.”

However, in fact, the defendant, who received money and thought to use it as a living expense, did not have the hedge power to sell it, sent it to the victim.

there was no intention or ability to act.

The defendant deceivings the victim as above, and he acquired 220,000 won from the victim to the corporate bank account (F) in the name of the defendant.

2. On July 6, 2016, the Defendant: (a) posted a false studio 301 located in Gwangju Mine-gu G; (b) sent a false statement to the effect that “The Defendant would sell an automobile alarm device” to the Internet H-dong car page; and (c) sent the said alarm device to the victim I contact with the victim (“18,000 won if he deposits KRW 118,00.”

However, since the defendant did not possess the above goods, there was no intention or ability to send them even if he receives the payment from the injured party.

The defendant deceivings the victim as above, and he acquired 118,000 won through the corporate bank account (F) in the name of the defendant on the same day from the victim.

3. On January 4, 2017, the Defendant: (a) posted a false statement to the effect that “The 2017 Highest 1407 sales of the Hague force” on the Internet NAVV in Gwangju, and then sent 230,000 won to the victim J who contacted the Defendant.”

However, the defendant did not have the intention or ability to send the goods even if he receives the price from the injured party.

As above, the defendant deceivings the victim as above, and he was from the victim to the corporate bank account (K) in the name of the defendant.