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(영문) 서울중앙지방법원 2014.09.18 2014고단2477

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Western District Court on February 19, 201, and completed the execution of the sentence on February 19, 2013.

[2014 Highest 2477] On December 22, 2013, the Defendant posted a letter “sale of 32-person TVs” on the website of the direct trading place. The Defendant made a false statement to send 200,000 won to a new bank account (D) in his/her name when sending 20,000 won from the victim C to a new bank account (D).

However, since the Defendant did not have the above TV, even if he received the money from the victim, he did not have the intent or ability to send the said TV to the victim.

The Defendant, as stated in the attached crime list from September 4, 2013 to April 3, 2014, by deceiving the Defendant, as if he were to sell the goods through the Internet site by means of the same means, such as deceiving the victim by remitting KRW 200,000 as the price of goods, and acquired the total of KRW 6,075,000 from 51 victims over 51 times, as shown in the attached crime list.

[2014 Highest 2869] On November 2, 2013, the Defendant posted a false statement to the effect that he sells TV to the “ direct sales outlet seacom,” the Internet site, and that he would send the said TV to the victim E and F, if he remitted KRW 220,000 to the victim E and F to purchase the said TV.

However, the Defendant did not have any intent or ability to send television even if he receives the payment because he did not have TV.

As such, the Defendant, by deceiving the victims, received KRW 220,00 from the victims, respectively, in the national bank account (Account Number: G) in the name of the Defendant on November 3, 2013.

[2014 Highest 2929]

1. Around September 9, 2013, the Defendant did not intend or have the ability to sell goods, even if he/she received money from an online set of money.