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(영문) 수원지방법원 안양지원 2016.10.11 2016고단846

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On August 18, 201, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch on August 18, 201, and on February 14, 2012, the Defendant completed the enforcement of the said sentence.

【Criminal Facts】

1. On August 2013, the Defendant sent a text message to the victim C, “I am Sicker, I am Sicker, I am Sicker’s ambling.” On the part of the Defendant, the Defendant made a false statement to the said victim, who requested the promise to enter into a golf course, stating that “I am golfing with a clickphone for a public official secured at the time of remitting KRW 400,000 per team,” and “I am golfing with a clickphone for a public official.”

However, even if the defendant is transferred from the victim, he did not have the intention or ability to make the promise of the golf course to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 400,000 from the victim around the 18th of the same month, and KRW 400,00 from the victim around the 22th of the same month, respectively.

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

2. On November 17, 2015, the Defendant made a false statement to the victim that “I would like to take over the part of a golf course, such as F and G, etc., from December 5, 2012,” written by the victim D on the Internet website E bulletin board, and that “I would do so, I will do so, and transfer the part of a golf course on December 5, 201.”

However, even if the defendant receives money from the victim as the consideration for the transfer of the golf course reservation, he did not have the intention or ability to actually make the promise of the golf course to the victim.

The Defendant, by deceiving the victim as above, received KRW 2.10,00 from the victim on the same day.

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

3. On April 12, 2016, the Defendant: “ICC prepared by the victim H on the bulletin board of the Internet site E at the site on April 12, 2016.

The phrase "the victim" refers to the victim.