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(영문) 인천지방법원 2016.11.10 2016고단5231

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 12, 2015, the Defendant was sentenced to one year of imprisonment and a fine of 500,000 won for fraud, etc. at the Seoul Southern District Court, and on February 29, 2016, the Seoul Southern District Court released on parole on the parole on the execution of the sentence and passed on May 27, 2016.

around 17:26 July 1, 2016, the Defendant reported the victim D's writing posted on "OC contents" on the Internet, "OC content is inserted," and made contact to the victim, "130,000 won is remitted," thereby selling ODC content."

However, even if the defendant does not possess the above facts and receives the price for goods from the victim, he did not have the intention or ability to sell the above contents to the victim.

The Defendant, by deceiving the victim as such, received 130,000 won from the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant for the purchase of goods from the victim.

On July 21, 2016, the Defendant posted a false statement to the effect that “TISOT clock” is sold by accessing the Internet’s “SSOT clock” bulletin board, which is a medium goods trading site, and that “I will send grasss if I send money first to South and the age of 24” to the victim G (the age of South and the age of 24) who reported and contacted the above writing.

However, not only the Defendant did not have the foregoing visibility but also had the intention to send the said goods to the victim even if he/she received money from the victim under the said pretext, so there was no intention or ability to send the said goods to the victim even if he/she received money from the victim.

The Defendant, by deceiving the victim as above, received 350,000 won from the victim to the national bank account (H) in the name of the victim on the same day.

b)a summary of the evidence;