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(영문) 서울남부지방법원 2017.03.22 2016고단1027

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2015, the Defendant posted a notice on the Internet website’s “sale of monitors” on the Internet website’s Korean car page. On October 12, 2015, the Defendant sent a false statement to the victim C, who called the “transfer of KRW 400,000 to the national bank account in his/her name.”

However, the defendant did not have a monitor, so even if he received the price, he did not have the intention or ability to sell the monitor to the victim.

As such, the Defendant, by deceiving the victim, received 400,000 won from the victim to the national bank account (D) in the name of the defendant on the same day, and acquired it by fraud.

In addition, as indicated in the attached list of crimes, the Defendant received total sum of KRW 29.7 million from five victims to January 31, 2016 through the above method, and acquired it through the Defendant’s account.

"2016 Highest 3017"

1. On November 17, 2015, the Defendant against the victim E posted a letter on the Internet website’s Internet website “sale of celebling items” on the Korean car page, and reported this fact to the victim E who visited the victim.

First of all, we will send a clock if you transfer the price of the goods.

“A false statement” was made.

However, since the defendant did not have any goods, even if he receives the payment from the injured party, he did not have the intention or ability to sell the goods in sight.

As such, the Defendant, by deceiving the victim, obtained 3.1 million won from the victim to the national bank account in the name of the defendant on the same day as the price of goods, and acquired it by fraud.

2. On November 26, 2015, the Defendant: (a) reported on the part of the victim F that “the purchase of a victim’s 6 smartphones” posted by the Victim F in the middle and high-speed car page; and (b) contacted the victim with “Aphone 6.0.0”