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(영문) 서울남부지방법원 2014.08.11 2014고정2289
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2013, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Southern District Court for larceny; on the 19th of the same month, the judgment became final and conclusive on the 19th of the same month; and on March 27, 2014, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of 8 months in imprisonment for fraud, etc.; the same year;

4.2. The appeal is currently pending in the appellate trial.

【Criminal Facts】

1. On November 25, 2013, the Defendant, on November 25, 2013, posted a false statement on the Internet site’s website access to the NAVanda car page in Gangseo-gu Seoul, Gangseo-gu, Seoul, stating that he/she would send merchandise coupons to the victim BN who reported and contacted, and that he/she would send money to the victim BN.

However, in fact, the defendant did not hold the above merchandise coupon and did not have any intention or ability to sell merchandise coupon even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received 180,000 won from the victim to the new bank account in the name of the Defendant on the same day as the purchase price for merchandise coupons and acquired it by deception.

2. On December 27, 2013, the defrauded: (a) around December 27, 2013, the Defendant made a false statement that he/she would send gift certificates to the victim BO who reported and contacted the writing that he/she had access to the said Jinna car page in Gangseo-gu Seoul Metropolitan Government, sold the home-fluor mobile gift certificates; and (b) wired money to the victim BO.

However, the defendant did not possess the above merchandise coupon and did not have an intention or ability to sell merchandise coupon even if he received money from the victim.

As above, the Defendant, by deceiving the victim, received 90,00 won from the victim to the corporate bank account in the name of the Defendant on the same day as the purchase price of merchandise coupons, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1.Each statement of BO and BN.

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