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(영문) 청주지방법원 2013.04.10 2013고단75

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 27, 2012, the Defendant posted a notice on the Internet website “C” on the Internet website’s website at the Defendant’s residence located in Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and false statement on the victim D who had contacted with the Defendant, stating that “N-300 Kara will be sold if money is remitted.”

However, at the time, the defendant did not own N.D-300 camera, and there was no intention or ability to sell the camera to the victim even after receiving the payment from the victim.

The Defendant, as such, by deceiving the victim, received KRW 20,00 from the victim’s account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

around November 16, 2012, the Defendant posted a false statement to the victim E who called the above notice to the effect that he would sell items for 20,000 won of the game ribrid by accessing the Internet website 112,901, Dong Dong-gu 112, Dong-gu 901 at the Defendant’s home by using a computer to sell items for 20,000 won at the Internet site, and then selling items of the ribrid game to 20,000 won.

However, the defendant did not own the above game item at the time, and even if he received money from the victim, he did not have the intention or ability to deliver the item to the victim.

On November 22, 2012, the Defendant: (a) by deceiving the victim as such; (b) obtained the monetary benefits equivalent to 20,000 won of the market value of cultural products at the Internet site as cash from the victim’s cell phone used by the Defendant; and (c) obtained the monetary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Details of remittance, and the application of the Acts and subordinate statutes of the reply letter in Ireland;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;