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(영문) 서울동부지방법원 2014.05.08 2014고단501
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

【2014 Highest 501】 The Defendant told the victim E to the effect that the victim’s notice was posted to the Internet NAV C bulletin board at a place that could not be known on February 17, 2014, and that “the victim seeks two contact pockets” was sent money to KRW 220,000 by posting a phone to the victim E.

However, even if the defendant receives money from the victim, he did not have the intention or ability to send a performance ticket.

As above, the Defendant, by deceiving the victim as above, received 220,000 won from the victim as the deposit account in the name of the Defendant’s bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

[2014 Highest 590] The Defendant posted a notice to the victim F that the victim F would purchase a unit of D-Wet “C” on the Internet site “C” at a place where it cannot be known on February 4, 2014, and the Defendant stated to the effect that the victim would buy a unit of D-Wet, and that “the victim would transfer the unit of money to 220,000 won by posting a phone to the victim.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send an admission ticket.

As above, the Defendant, including by deceiving the victim as above, received KRW 220,000 from the victim to the deposit account in the name of the Defendant on the same day as the price for admission tickets for public performance from March 9, 2014, received KRW 90,000 from the victims four times as shown in the annexed crime list.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to F, G, and H;

1. Each written statement of E and I;

1. The application of text, Kakao paper, and Acts and subordinate statutes on deposits without passbook;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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