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(영문) 수원지방법원 안양지원 2018.05.25 2018고단114
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on November 21, 2017, "2018 Highest 114, the Defendant," shall sell cultural merchandise coupons posted by the victim, by accessing the X 26 heading room in the 6th floor of Ansan-si W, X 26 heading room in the 6th floor of Ansan-si, and accessing the victim's Y.

"In order to confirm the writing of " and contact the victim and first inform the PIN number of the cultural merchandise coupon PIN, the money will be deposited."

“.....”

However, in fact, the defendant did not have certain income and did not have any property, and again sold it to another person and used it as living expenses, etc., so there was no intention or ability to pay the merchandise coupon to the victim.

The Defendant received cultural gift certificates PIN number equivalent to KRW 100,00 from the injured party and acquired pecuniary benefits equivalent to the same amount from the Defendant, and from that time until January 13, 2018, the Defendant acquired financial benefits or received property benefits equivalent to KRW 8,185,350 in total from the time to January 13, 2018, as shown in attached Table 1.

On January 3, 2018, the Defendant, “2018 Highest 501,” connects the victim’s Z to “one hundred thousand won cultural gift certificates PIN numbers in the amount of KRW 10,00,00,” which the victim’s Z, at Annyang-si W and X 26 heading rooms in the sixth floor.

“If you read a letter to the purport of “,” and contact the victim, you will deposit money within one minute after confirming the PIN number, account number, and the name of the recipient of cultural gift certificates.

“.....”

However, in fact, the Defendant did not have a certain import and did not want to pay the sales proceeds to the victim, even if he received the above PIN number, because the Defendant thought that the PIN number was sold to another person by selling the cultural merchandise PIN number which was transmitted by the victim.

The Defendant received from the injured party the PIN number of cultural merchandise coupons on the same day from the mobile phone.

Accordingly, the defendant deceivings the victim and amounts to KRW 10,00.

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