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(영문) 인천지방법원 2015.12.09 2015고단6762
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 4, 2015, at around 01:10 on February 4, 2015, the Defendant, at the Defendant’s house located in Gyeyang-gu Incheon Gyeyang-gu, posted a notice stating that “the purchase of cultural products, such as piracy and Ireland at the price of 88%” shall be made to the victim B who contacted with the notice, and “the remittance of money if the mobile cultural products of piracy and Ireland are sent.”

However, even if the above mobile cultural product was received from the victim, there was no intention or ability to pay the price.

At around 01:21 on the same day from the victim, the Defendant deceptioned the victim, and obtained pecuniary benefits equivalent to KRW 80,000,000 from the victim through the Kakakao Kakao Stockholm, namely, one (D), one (E), one (F), 20,000 mobile cultural product right, one (F) one (F), two (20,000 won of the mobile cultural product right, and two (Sales number: G and H) of the mobile product right, respectively.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On February 2, 2015, the Defendant issued a notice to the victim I stating that “The Defendant shall send money to the victim I by transmitting the amount of charge charge charge charge charge charge charge charge charge charge charge charge charge charge charge charge charge to the victim I who contacted the victim I by accessing the NAV on the bulletin board of the NAVER in a non-place nomenclature, at 00:20,015.”

However, even if the amount charged is transmitted from the victim, there was no intention or ability to pay the amount.

Around 00:36 on the same day, the Defendant, by deceiving the victim, received a mobile gift of 200,000 won from the victim, sent money to a mobile phone (K) opened in the name of the Defendant’s mother-friendly J, and acquired pecuniary benefits of 200,000 won.

Accordingly, the defendant is the victim.

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