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(영문) 서울동부지방법원 2015.04.23 2015고단639

사기

Text

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

Reasons

Punishment of the crime

On May 9, 2014, the Defendant was sentenced to 1 year and 1 month of imprisonment for fraud at the Seoul Eastern District Court, and 2 years of suspended execution, which became final and conclusive on May 17, 2014, and is currently under suspended execution.

[2015 Highest 639]

1. On December 6, 2014, the Defendant made a false statement to the effect that “The Defendant, at UPC, in Songpa-gu Seoul Songpa-gu Seoul, wishes to purchase a hot wave after accessing the Internet website,” and that “I would deliver a hot blast to the Defendant, if you send the price first,” by visiting the victim.”

However, the defendant did not have the above climate and did not have any intention or ability to send the above climate even if he received money from the victim.

The Defendant, by deceiving the victim as such, received KRW 75,00 from the victim to the new bank account in the name of the Defendant on December 6, 2014 as the price for goods.

[2015 Highest 757]

2. On December 12, 2014, the Defendant reported the victim’s writing that he/she would have access to the Internet website of Songpa-gu Seoul, and then want to purchase the deaf-gu, and made a false statement to the effect that “if he/she forwards the price first, he/she would deliver the ELLT Benching to the post office home page.”

However, even if the defendant did not have the above farming district and received money from the victim, he did not have the intention or ability to deliver the farming district.

As such, the Defendant, by deceiving the victim, was transferred KRW 150,000 as the price for goods on December 12, 2014 to a new bank account under the name of the Defendant.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. V’s petition;

1. Inquiry into liquidity transactions, text messages (the fact of No. 2 on the market);

1. Defendant's legal statement;

1. Written statements;

1. Application of the Acts and subordinate statutes governing text messages, receipts, and details of transactions;

1. Article 341 of the Criminal Act concerning criminal facts and the choice of punishment

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