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(영문) 수원지방법원 2017.05.23 2016고단7516

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. 『2016 고단 7516』 피고인은 2016. 8. 28. 경 화성시 B 건물 101동 1501호에서 스마트 폰을 이용하여 인터넷 중고 나라 카페에 접속한 다음 스마트 폰 인 갤 럭 시 S7 을 판매하겠다는 글을 게시한 후 이를 보고 연락해 온 피해자 C에게 ‘ 물품 대금을 송금해 주면 갤 럭 시 S7 을 보내주겠다 ’라고 말하였으나, 사실 피고인은 처음부터 물품대금만 받아 가로챌 생각이었을 뿐 피해자에게 갤 럭 시 S7 을 판매할 의사나 능력이 없었다.

As such, it is clear that around October 10, 201, the Defendant, as stated in the indictment around October 13, 2016, by deceiving the victim and receiving KRW 390,000 from the Agricultural Cooperative account (Account Number: D) under the name of the Defendant on the same day from the victim, and from that time, the Defendant is a clerical error.

By deceiving the victims in the same way as the previous list of crimes (1) in attached Form 1,728,00 won, 4,728,000 won was acquired from 18 victims.

2. "2016 Highest 7753".

A. On October 10, 2016, the Defendant: (a) connected the Defendant’s house located in Sungsung-si B building 101 Dong 1501 with a smartphone, thereby having access to the “open-hand market”, which is an online trading platform; (b) posted a notice to sell a smartphone, “Aphone 6” at the victim E’s request; and (c) made a false statement that the victim’s friendship F, upon the victim’s request, would have the Defendant sent the Defendant a smartphone “on the face of remittance of the price for goods”; and (d) the victim’s friendship F would have the Defendant sent the Defendant a smartphone.”

However, even if the defendant receives the price of goods from the injured party, he/she send the above smartphone.

there was no intention to do so.

As above, the defendant deceivings the victim through the victim-friendly appearance F, and was transferred KRW 180,000 to the single bank account in the name of the defendant through the F on the same day from the victim.

B. On October 11, 2016, the Defendant’s “Aphone 5” in the same manner as that of the preceding paragraph at the place in the preceding paragraph.