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(영문) 부산지방법원 2016.07.12 2016고단1235
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to a maximum of one year and a short of eight months in the Daegu District Court Kimcheon support for fraud, and on May 2, 2014, the Defendant was released on May 2, 2014 during the execution of the sentence, and the period of parole terminated on May 22, 2014.

On August 3, 2015, the Defendant, “2016 Highest 1235,” made a false statement to the effect that he/she would sell pin numbers to the victim by accessing the instant site via the Internet at a place where the address of Busan does not exceed Busan and posted by the victim C.

However, the defendant did not have the intention or ability to pay the price even if he received the Fin number of the above cultural merchandise coupon from the injured party.

Nevertheless, the Defendant received fin numbers of cultural merchandise coupons equivalent to KRW 60,000 from the above victims, and acquired pecuniary benefits equivalent to the same amount.

In addition, the Defendant, from around that time to March 4, 2016, sold the victims through the above 89 times as shown in the list of crimes in attached Form 1 (1).

(1) The victims are required to deliver or purchase the goods by making a false statement to the effect that they will purchase the goods.

In addition, it acquired property profits equivalent to KRW 5,658,300 in total by making false statements to the effect that the goods will be sold and receiving the price.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

On September 4, 2015, the Defendant sent money to the victim on September 4, 2015, by visiting the middle and high-class website via the Internet at a non-permanent site of Busan YYYY 1882, and reporting on “the purchase of personal phones” posted by the victim D and communicating with the victim.

The State made a false statement to the effect that the smartphone will be sent.

However, the facts are that the defendant receives money from the injured party even if they receive such money.

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