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(영문) 서울동부지방법원 2017.11.23 2017고단3079

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 11, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on April 12, 2017.

Criminal facts

On June 27, 2017, the Defendant posted a letter to the effect that “the traffic card” was sold using a large number of IDs, such as NAF, etc., at the Eel located in D with the Defendant’s mobile phone at around the south of the world on June 27, 2017, and then sent KRW 250,000 to the victim G who made contact with the Defendant by remitting KRW 250,000.

“Falsely speaking.”

However, the defendant did not have the intention or ability to send goods even if he has received money from the damaged person.

Nevertheless, on June 27, 2017, the Defendant, by deceiving the victim, received KRW 250,000 as the price for goods from an enterprise bank account (H) in the name of the Defendant on June 27, 2017 from the victim, and acquired KRW 4,718,00 in total on 33 occasions from June 14, 2017 to September 8, 2017, as indicated in the attached crime list, by transfer from the victims.

On September 15, 2017, the Defendant: (a) made a false statement to the effect that “Around September 15, 2017, the Defendant: (b) reported the victim C, who sent KRW 98,00,00, to the victim C, by inserting an article to sell “a throde” on the Internet NAVER’s bulletin board; and (c) made such a false statement to the effect that “A 98,000 won would be sent to her home-time.”

However, even if the Defendant did not possess “path pents” and received money from the injured party, the Defendant did not have the intent or ability to send the above “path pents” to the injured party.

As such, the Defendant deceivings the victim and transfers 98,000 won to the company bank account under the name of the Defendant from the damaged person for the same day as the sales proceeds.