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(영문) 대전지방법원 2017.11.10 2017고단2084
도로교통법위반(사고후미조치)등
Text

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

Of the facts charged against the defendant, violation of the Road Traffic Act (not after the accident) and measures shall be taken.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to six months of imprisonment for embezzlement, etc. at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on January 1, 2014.

"2017 Highest 2164"

1. Fraud;

A. On June 28, 2016, the Defendant purchased mobile merchandises at the portal site and on the bulletin board following the portal site in the mutually aesthetic room located in the Seo-gu Daejeon, Daejeon.

The phrase “to pay 80% of the face value of the purchased merchandise coupon in cash” was posted to the victim C who reported and contacted this, and the phrase “to pay 80% of the amount of the merchandise coupon as promised on the face of the delivery to the Kaxo by purchasing the luto mobile merchandise coupon to the Kax.”

However, even if the defendant receives the gift certificate number, he did not have the intention or ability to deposit the money to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim, the number of 495,000 won of the above date, from the victim; and (c) obtained pecuniary benefits equivalent to that of the above amount by transmitting the Kakao Stockholm’s serial number to the Kakao Stockholm message.

B. On December 26, 2016, around 22:54, the Defendant posted the statement “D” on the Internet D’s bulletin board (www.din 2.com) stating that the Defendant would transfer 10% of the total amount of KRW 200,000,000 to 1.80,000,000,000,000 won, excluding the interest, at the front time of paying the small amount by using his/her mobile phone. However, the Defendant did not have any intent or ability to remit the said money.

Nevertheless, the defendant had the victim E, who reported and contacted the above notice, settle a small amount of money equivalent to 200,000 won with the mobile phone (F) in his/her name, thereby obtaining pecuniary benefits equivalent to that amount.

(c)

On July 7, 2015, the Defendant posted a letter stating that “The payment of small amount shall be 70% in cash on the face of the week from the settlement of small amount,” on the NAP bulletin board, from the mutually influent PC room in Daejeon, and then reported.

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