(영문) 의정부지방법원 고양지원 2016.09.21 2016고단1531

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(영문) 의정부지방법원 고양지원 2016.09.21 2016고단1531

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"The defendant of 2016 Highest 1531" sells 1 U.S. P. S. on October 8, 2015 at a place where it is impossible to identify the place of light on October 8, 2015 and on the bulletin board of the country's sales.

“Written sales text was written.”

However, the defendant did not have any intention or ability to sell goods.

Nevertheless, the defendant seems to have expressed his intention to purchase and send the goods if he deposits money.

“The victim was aware of the fact that he received KRW 135,00 from the victim’s new bank account in the name of the defendant, and that he received the total sum of KRW 1,879,000 from the victims on 13 occasions, as shown in the annexed Crime List 1, and did not deliver the goods.

Accordingly, the defendant was informed of the victims to receive property.

On April 30, 2016, the Defendant posted a false letter stating that “The mixed machine is sold” in China, a trading site of used goods, and the victim E, who reported and contacted this letter, “on the first deposit of the price, will send the article.”

However, as the defendant did not possess any mixing, even if he receives the price for the goods from the injured party, he did not have the intention or ability to send the mixing to the injured party.

As above, the Defendant: (a) by deceiving the victim as above; (b) received KRW 75,00 from the victim to the account (F) of the Defendant’s name as the price for the goods on the same day; and (c) received total of KRW 7,108,000 from the victims on 72 occasions from that to June 7, 2016, as indicated in the attached Table 2.

Accordingly, the Defendant, by deceiving the victims as above, received a total of KRW 7,108,00 from the victims over 72 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1.Each petition and statement, and the application of the Cybercrime Reporting legislation 1.

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