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(영문) 인천지방법원 2016.08.19 2016고단847

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Defendant 180,000 won to the applicant C, and 270,000 won to D.

Reasons

Punishment of the crime

Defendant 2016, on October 24, 2015, posted a notice on the Internet NAV “SBS” Kaf, and falsely read that “If sending KRW 543,650 to the victim H, he/she will pay KRW 650,000 on behalf of 650,000.”

However, in fact, the Defendant was thought to use the money received from the injured party as living expenses, etc., so even if receiving the money from the injured party, the Defendant did not have any intention or ability to pay the money on behalf of the injured party

As such, the Defendant, by deceiving the victim, received KRW 271,825, which is part of KRW 543,650 from the national bank account (I) in the name of the Defendant at that time, from the victim, and received KRW 8,330,675, respectively, from the time to December 22, 2015, as stated in the list of crimes in the attached Table from December 22, 2015.

2016 Highest 946

1. On October 23, 2015, the Defendant posted an article stating that “When purchasing goods, it will take place on behalf of the settlement, and pay in cash equivalent to 85% of the above settlement amount.” On behalf of the victim J, the Defendant sent 162,00 won to the victim J who reported and contacted the article to purchase the amount of KRW 190,50 as 162,00,000, since it would make a settlement from the above mail to purchase the amount of KRW 190,50.

In other words, the phrase “assumed” was false.

However, even if the Defendant received cash from the injured party as above, the Defendant did not intend to make a settlement on behalf of the injured party at the goods trading site.

On October 23, 2015, the defendant deceivings the victim as above and transferred KRW 162,00 to the national bank account (I) in the name of the defendant on October 23, 2015.

2. On November 16, 2015, the Defendant posted a letter stating that he/she sold cultural merchandise coupons on the Internet NAV and on the website of the country, and reported and contacted the fact to the Victim K, which is equivalent to KRW 90,000 if the Defendant sent 90,000.