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(영문) 서울북부지방법원 2016.09.08 2015고단4675
사기등
Text

Punishment on the accused shall be determined as a fine of KRW 8,000,000 (Mive million).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

[2015 Highest 4675]

1. On January 21, 2015, the fraud Defendant: (a) connected a mobile circuit app with the clinic called “C” at a mobile circuit opening site; and (b) falsely posted a letter to the victim D who visited the victim by stating that “If transferred KRW 225,00 to the new bank account in the E name, the smartphone will be sent via the phone.”

However, since the defendant did not have smartphones, there was no intention or ability to sell smartphones.

The Defendant, by deceiving the victim as such, acquired 225,00 won from the victim to the new bank account in the name of E on the same day.

2. On February 7, 2015, the fraud Defendant: (a) posted a false statement stating that “after having access to a boomet app in the same manner as that set forth in the preceding paragraph, the Defendant would send 130,000 won to the new bank account in the name of the G to the victim F, who had contacted with him by posting a letter.”

However, since the defendant did not have a posper, he did not have the intention or ability to sell the posper.

The Defendant, by deceiving the victim as such, received 130,000 won from the victim to the new bank account in the name of G on the same day.

[2016 Height27]

3. On March 26, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without a driver’s license, and on March 26, 2015, around 10:35, the Defendant driven a HH cub motor vehicle at approximately 300 meters in front of the 193rd road of the Seoul Gangnam-gu, Seoul Special Metropolitan City, Nowon-gu.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of H Eubs, operated an automobile which was not covered by mandatory insurance at the time and place under the preceding paragraph.

[2016 Highest 2137]

5. The Defendant, on the first half of February 2015, connected the Defendant’s home to the clickter site at the center of the Defendant, Jung-gu Seoul, Seoul.

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