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(영문) 부산지방법원 동부지원 2016.02.18 2015고단2533

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 15, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in Busan District Court’s Dong Branch Branch, and was released on March 29, 2013 in the smuggling detention house and passed on May 9, 2013 during the execution of the sentence.

1. On September 19, 2015, the Defendant, against the victim B, sold the Victim B at the Internet “lux Web” website at the trade PC room located in the Nam-gu Busan Metropolitan Government Yong-gu, in the amount of KRW 90,000.

"" publish a false letter of sale, and send a 90,000 won to the victim B who reported and contacted this, "in the event that the money is transferred to the Agricultural Cooperative Account (C) in the name of A, the Dorop model will be sent.

The phrase “ makes a false statement.”

However, even if the Defendant received the toy payment from the injured party, he did not have the intent and ability to send it, and when he received the payment from the injured party, he was considered to use it as living expenses.

Defendant deceiving the victim as above and transferred KRW 90,000 to the said Agricultural Cooperative Account as the price for toy, around 19:45 on the same day.

2. On September 26, 2015, the Defendant, against the victim D, sold the instant PC game money on the Internet’s website on September 26, 2015.

The term " shall publish a false letter of sale, and the game money will be paid if the money of KRW 40,00 is transferred to the Agricultural Cooperative Account (C) in the name of "A to the victim who reported and contacted."

“A false statement” was made.

However, the defendant did not have the intent and ability to send the game money even if he received the payment from the injured party, and when he received the payment from the injured party, he was thought to use it as living expenses.

Defendant deceiving the victim as above and transferred KRW 40,000 to the said Agricultural Cooperative Account for the same day as the price for game money in around 14:54 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Written petition for DNA preparation;

1. A previous conviction in judgment: