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(영문) 춘천지방법원 영월지원 2013.10.29 2013고단384

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Since October 17, 2012, the Defendant operated the Internet shopping mall C, which was operated in the recruitment of the Defendant located in Gangseo-gun, Gangwon-do, from around October 17, 2012, the Defendant had no intent or ability to purchase the ordered goods and deliver them to the customer, even if he receives the transfer of the price of the goods from the customer of the shopping mall because most of the profits are short of the funds for the operation of the shopping mall by using the Internet

Nevertheless, the Defendant posted a product notice as if he would normally deliver the goods on the said shopping mall site, and received KRW 74,800,000 from the victim D, who ordered the said posted notice, as the price for goods, around 16:35 October 18, 2012, under the name of the Defendant’s agricultural bank (E) in the name of the Defendant, and received KRW 7,288,300 from the victim from December 18, 2012 to December 18, 2012.

Accordingly, the defendant was informed of the victims and received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the F, G, H, I, K, K, L, M, N, P, Q, R, T, U, V, W, X,Y, Z, AB, Q, AC, AD, AD, and AE;

1. AF, AG, D, AI, AJ, AJ, AK, AL, AM, AP, AP, QR, AS, ATS, ATS, AV, AW, AY, AY, AZ, BA, BB, BD, BD, BE, BF, BG, BH, BJ, BJ, BM, BN, BP, BP, BS, BS, and B;

1. e-mail survey (BU), e-mail statement (BV);

1. The screen screen, each transaction statement, each detailed statement, each account statement, each deposit receipt, each transaction statement, agricultural financial transaction (profess), each transaction transaction statement, each agricultural financial transaction transaction statement, each shopping mall site run-up screen, each order copy, each confirmation document on the results of the transfer of electronic financial transactions, each document confirming the deposit and withdrawal transaction, and the Internet searching-up screen, each screen, each copy of each savings deposit transaction statement, each passbook copy, each deposit processing mail, each cell phone run-up, each cell phone run-up, etc., each page, each transfer result inquiry, each transaction statement, the Nong Bank's financial transaction statement, and each automation device.