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(영문) 광주지방법원 2016.03.31 2015고단3891
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant of "2015 Highest 3891" has been operating online cosmetics sellers in the trade name of "C" from around 2008 to July 2014.

1. On March 29, 2014, when the Defendant sent the advance payment to the victim D through the order bulletin board and e-mail at the Defendant’s office located in the Chinese scene, the Defendant falsely speaks as if he would deliver the cosmetics within 2-3 weeks, and received the amount of 3,527,040 won from the victim’s injury bank account in the name of the Defendant on the same day.

2. Receiving 1,882,825 won from the victim E to the national bank account in the name of the defendant in the same manner at the places described in the above paragraph (1) around May 22, 2014;

3. Around July 21, 2014, at the same time as indicated in the foregoing paragraph 1, the victim F was transferred KRW 4,556,000 from the victim F to the national bank account in the name of the Defendant in the same manner.

However, the Defendant had difficulties in selling cosmetics due to poor sales performance and delay in delivery at the time. Moreover, the Defendant had no intention or ability to deliver cosmetics as agreed to the victims because it was planned to refund the price of cosmetics to other customers or use the cosmetics for daily expenses by the so-called “refusing” formula.

Accordingly, the defendant was provided property of KRW 9,965,865 by deceiving three victims.

The defendant of "2015 Highest 5101" has been operating online cosmetics sellers in the trade name of "C" from around 2008 to July 2014.

On May 2014, when the Defendant sent the advance payment to the victim G (37 years of age) through the order bulletin board and e-mail of the cosmetic sales site at the horse-free place, the Defendant made a false statement as if he would deliver the cosmetic within 2-3 weeks.

However, the facts are that the defendant has poor sales performance and delivery.

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