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(영문) 부산지방법원 2015.05.13 2015고단1141

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 350,000 won to D who is an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

[2015 Godan1141] On August 19, 2014, the Defendant made a false statement that “I will send a cell phone to the victim F who sent 40,000 won to the phone if I wish to send 40,000 won to the phone,” which is an Internet medium trading site, using the Defendant’s cell phone at the Defendant’s house located in Busan Seo-gu E and 101.”

However, since the defendant did not have the above mobile phone, there was no intention or ability to send the mobile phone even if he receives the mobile phone payment from the victim.

The Defendant received 40,000 won from the victim's Busan Bank account (Account Number:H) in the same day as the sales proceeds of mobile phones from the victim, and acquired 3,613,000 won in total from the victims through the same method through 15 times from October 1, 2014, such as the list of crimes (1).

[2015 Highest 1214]

1. Around August 30, 2014, the Defendant, at the Defendant’s home located in Busan Seo-gu E and 101, posted a false statement to the Defendant’s cell phone, stating that “The Defendant would sell 1.60,000 won cam Scam cam cam cam cam cam cam cam cam cam cam cam cam cam cam cam cam cam cam cam.”

However, as the Defendant did not have the above crowdfunding, even if he receives the payment from the victim, he did not have any intention or ability to send the crowdfunding.

The Defendant, as such, by deceiving the victim, received KRW 160,00 from the victim to the Busan Bank Account (Account Number: H) in the name of G on the same day.

2. The Defendant committed a crime against the Victim J on August 31, 2014.