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(영문) 대전지방법원 2015.06.18 2014고단2662

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 407,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[2014 Highest 2662] On May 21, 2014, the Defendant paid the amount to be collected from the victim’s mobile phone charges after purchasing the game money amounting to 96,900 won by using the victim’s mobile phone with the following purport: (a) the Defendant’s head office located in Daejeon Jung-gu, Daejeon, that he lent the mobile phone because of urgency; (b) the Defendant purchased the game money using the mobile phone; and (c) the Defendant paid the amount to be collected from the victim’s mobile phone charges; and (d) returned the mobile phone to the victim.

On June 1, 2014, the Defendant purchased an amount equivalent to KRW 99,000 from the victim’s mobile phone using the same method at the same place and settled the price.

However, even if the defendant purchased game money under the name of the victim, he did not have the intent or ability to pay the money to the victim.

Ultimately, the Defendant purchased and used a total amount of 195,900 won of game money by deceiving the victim, and had the victim claim a total of 195,900 won of mobile phone fees, thereby acquiring pecuniary benefits equivalent to the same amount.

[2014 Highest 2719] The Defendant, while having no intention or ability to sell the goods, did not want to sell the goods to the users who want to purchase the goods at the trading site of the used goods.

Around September 16, 2013, the Defendant: (a) reported the Defendant’s writing posted to the “Sto sell smartphones”; and (b) fraudulently received 320,000 won from the victim to the post office account in the name of H, who is the Defendant Company, from September 16, 2013 to September 20, 2013; and (c) received 1.130,000 won in total on five occasions, such as the list of crimes, from September 16, 2013 to September 20, 2013.

2014 Highest 2753.