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(영문) 서울남부지방법원 2013.12.04 2013고단3358

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

[2013Kadan3358] On July 24, 2013, the Defendant posted a notice to the effect that a department store equivalent to KRW 160,000 is sold on the Internet Nuriber C Caf page, and reported it to the victim D, who contacted, “to deliver merchandise coupons upon deposit of money.”

However, in fact, the defendant did not hold the above merchandise coupon at the time, and held a debt equivalent to approximately KRW 16,00,000 in total, and was in need of the payment due to the creditor's severe claims, and even if he received the payment from the victim, he did not have an intention or ability to deliver merchandise coupons.

As above, the Defendant, including by deceiving the above victim and receiving KRW 136,100 from the Defendant’s community credit cooperative account (E) at around 19:58 of the same day, received KRW 4,575,00 in total eight times from the date of transfer to September 21, 2013 in the same manner as indicated in the attached crime list, including where the Defendant received KRW 136,100 from the victim’s community credit cooperative account (E).

[2013Kadan3681] On September 10, 2013, the Defendant posted a notice stating that “10,000 won is sold to KRW 93,00 per 93,00 per unit store gift certificates” on the Internet Nuriber Ckbook bulletin board at “HPS” located in the G station located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu Seoul Metropolitan Government, and said that “on deposit with money, the Defendant will deliver merchandise couponss to the victim I.”

However, in fact, the defendant did not have the above merchandise coupon and bears a total of approximately KRW 16,00,000 as well as a total of KRW 16,00,000, and there was no intention or ability to deliver it to the victim.

The defendant received KRW 93,00 from the victim's national bank account at around 16:40 on the same day.

Accordingly, the defendant was given property by deceiving the victim.

[2013 Height3734] Defendant K. on May 2, 2012, Gangseo-gu Seoul Metropolitan Government.