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(영문) 인천지방법원 2014.12.23 2014고단6177

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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

On August 21, 2014, the Defendant, “2014 Highest 6177,” is a person who, in the Incheon District Court on August 21, 2014, has the same kind of records of summary indictment for a fine of KRW 700,00,000 and operates the Internet shopping mall for the sale

On May 23, 2014, the Defendant posted a notice at the above C Office located in Bupyeong-gu, Incheon, Bupyeong-gu D building 1312, stating that “I sell new shoess, such as Naki, aldis, and Ris, to an overseas exit,” at the above C website.

However, the fact is that from February 2014, the sales has been poor and there is no separate financial ability from the commencement of the business, and the remittance is used first for any other purpose, such as living expenses, etc., and it is not possible to operate the money in the way of covering the insufficient money with the proceeds of the goods deposited after the short money. Therefore, even if the money is paid from the victims as the proceeds of the new contract, there is no intention or ability to supply the new contract normally.

Nevertheless, on May 23, 2014, the Defendant received 398,000 won from the victim E to the national bank account (F) in the name of the Defendant in the name of the Defendant and received a total of 17,638,950 won from the victims in total over 60 times, as shown in the attached Table 1 of Crimes List 1.

Around June 24, 2014, the Defendant posted a letter to the effect that “C,” a person operating an online shopping mall for the sale of new events, would sell new events, such as Ghana, Adi sea, and Ri, to an overseas office,” at the above C office located in Bupyeong-gu Incheon Metropolitan Bupyeong-gu D Building 1312.”

However, in fact, from February 2014, the Defendant used the money transferred as the price for the goods from the time of the commencement of the business to another purpose, such as living expenses, since there is no separate financial ability from the time of the commencement of the business, and operated the money transferred as the price for the goods deposited after the shortage.