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(영문) 서울동부지방법원 2015.05.28 2015고단207

사기

Text

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

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

Around September 2, 2014, the Defendant posted a false statement on the Internet NAV online film ticket on the website of Gangdong-gu Seoul Metropolitan Government, stating that “The Defendant will send 10 copies of the CGV online film ticket to the Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to send the right to sell movies that can be actually used, and the defendant was planned to send the right to sell fake online movies produced by falsity.

From September 2, 2014 to September 3, 2014, the Defendant received KRW 55,000 from the victim as the price for online film ticket, and received KRW 2,111,00 in total from 81 victims, as described in attached Form Table (i) from September 2, 2014 to December 2, 2014, including transfer of KRW 55,000 via the bank account under the name of the Defendant and the national bank account in the name of the Defendant, as the price for online film ticket.

Accordingly, the defendant, by deceiving the victims, has acquired a total of KRW 2,111,00 property interest equivalent to KRW 2,10.

On October 29, 2014, the Defendant posted a false statement that “I would sell the Parisboo mobile coophone at a low price” on the Internet D Cafbook website at the PC room located in Gwanak-gu in Seoul Special Metropolitan City, and said that “I would send the Parisboo mobile coophone to the victim E who wishes to report and purchase it.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to send the Parisbrate mobile merchandise coupon.

The Defendant, on October 29, 2014, received 28,000 won from the victim to the new bank account in the name of the Defendant on October 29, 2014, as well as the said method from October 28, 2014 to October 29, 2014.