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(영문) 대전지방법원 홍성지원 2014.02.12 2013고단831

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

[2013 Highest 831] Notwithstanding that the Defendant did not have any intent or ability to sell goods through a high-end trading website, he/she had the intention to acquire goods from an unspecified number of victims who wish to purchase the goods as if they actually sold the goods and received the payment therefor.

On April 7, 2013, the Defendant made a false statement to the effect that he/she would sell a heavy and high smartphone when he/she pays the price to the victim C, even though he/she did not have an intent or ability to sell a middle and high smartphone through the Internet’s trading site, and that he/she received KRW 200,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant, and received KRW 7,460,000 in total from the above date to September 9, 2013 as indicated in the list of crimes in the attached Table (i).

Accordingly, the defendant, by deceiving victims, received property and acquired it.

[2013Kadan853] On July 16, 2013, the Defendant: (a) reported on the fact that the victim D was posted a beat3 mobile phone purchase in smartphone E fluor; and (b) received the mobile phone payment, the Defendant took the victim’s false statement to the effect that “I would sell a mobile phone with KRW 80,00 to the victim’s “I will sell a mobile phone with KRW 80,00,000” from the victim to the Agricultural Cooperative (F) account in the name of the Defendant.

[2013 Highest 870] The Defendant, despite having no intent or ability to sell goods through a high-end trading website, was aware of the fact that it belongs to an unspecified number of victims who wish to purchase the goods as if they actually sold the goods and received the payment of the price.

On July 20, 2013, the Defendant expressed his intention or ability to sell a second class of arche at an online trading site through a second class transaction site.