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(영문) 서울서부지방법원 2013.08.14 2013고단1339

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 1339" means the defendant's awareness that smartphones, cameras, etc. were sold through the Internet site, "Ninber C Caf," and received the money by fraud.

On January 30, 2013, the Defendant stated that “The Defendant would purchase a heavy smartphone” posted on the victim E in the said C Caf, and that “The Defendant would send a 240,000 won to the victim with the main face and smartphone.”

However, there was no intention or ability to send a serious smartphone to the victim.

The Defendant received KRW 240,00 from the victim on January 31, 2013 as the middle and high smartphone price, and received KRW 240,00 in total from November 1, 2012 to May 28, 2013 in a similar manner as indicated in the separate crime list, including the transfer of KRW 11,673,60 in total from November 1 to May 28, 2013.

Accordingly, the defendant adopted the property by deceiving the victims.

On April 14, 2013, the Defendant posted a letter to the effect that “the gallon juscam, a medium smartphone, will sell” that is an Internet site, and then reported it to the victim F, who visited the victim F, who sent 100,000 won to the effect that “the gallon juscam, a medium-sized smartphone, will send gallon S2, a medium-sized smartphone.”

However, even if the above money is received from the victim, there was no intention or ability to send a heavy smartphone.

Around April 15, 2013, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the corporate bank account in the name of the Defendant and acquired the money.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written petition of G, H, I, J, K, L, E, M, N, and F;

1. Application of Acts and subordinate statutes to each investigation report and account transfer details;

1. Article 347 (1) of the Criminal Act applicable to the crime. Article 347 (1) of the same Act

1. The Criminal Act among concurrent crimes.