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(영문) 인천지방법원 2017.08.24 2016고단8984
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 8984" is a person who operated a brokerage business D outside the Internet in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

1. On September 24, 2015, the Defendant suspended the excess from the Victim F, the father of E, and demanded to refund the remainder at the D office, and the Defendant received a demand from the victim to refund the remainder, and the Defendant would return the full amount of the amount settled prior to the payment of the balance, on account of the fact that the revocation of the payment of the credit card should be revoked, the Defendant would return to the victim.

The phrase “ makes a false statement.”

However, due to the shortage of funds, the defendant did not have the intention or ability to return the entire amount first settled even if he received 740,000 won from the injured party.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 740,00 to the new bank account (H) with the G name from the victim.

2. On October 5, 2015, the Defendant suspended the excess from the Victim J, who is the father of I, and demanded to refund the remainder, at the D office around October 5, 2015, the Defendant: (a) received a request from the victim to temporarily pay the remainder by the card, and (b) revoked the payment of KRW 1,80,000,000,000,000,000,000,000,000,000,000,0000

The phrase “ makes a false statement.”

However, in fact, even if the defendant received KRW 1.13 million from the injured party due to the shortage of funds at the time, he did not have the intention or ability to return the price by cancelling the first settlement of 1.8 million won, which was first settled.

Nevertheless, the defendant deceivings the victim as above and transferred 1.130,000 won to the above account in the G name from the victim.

3. On August 28, 2015, the Defendant: (a) suspended K from K’s mother L to refund the remainder at D office around August 28, 2015; and (b) requested the victim to cancel the remainder; (c) “In order to cancel the excess, the Defendant had to cancel the total amount of the first settlement; and (d) had already continued to do so for three months.

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