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(영문) 인천지방법원 2017.04.20 2016고단4229
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be liable to the applicant C for the compensation of KRW 2,570,000 and the compensation of KRW 2,570.

Reasons

Punishment of the crime

[2016 Highest 4229]

1. On February 19, 2016, the Defendant against the victim E sells the victim E at a market price of less than 1,000 won per piece of money, from “G” operated by the Defendant on the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and from “G”, the Defendant reported the content of the Defendant’s advertisement on the Internet NAV and the national website.

On the order of the product, “to deliver the product directly by the 24th day of the same month.”

However, since around 2015, the Defendant had been suffering from the deficit because of the difficulties in managing the goods, and even if the Defendant received money from the damaged party, he did not have the ability to produce the pelf as agreed upon even if he did not receive money from the injured party.

As such, the Defendant, by deceiving the victim, was given KRW 55 million from the victim, who was in his/her seat, to receive the payment from the victim.

2. On April 14, 2016, the Defendant against the victim H asked the victim H to re-processed the total of 25 money by adding 5 money to the gold-free 20s that brought money to the victim H.

However, the defendant did not have the ability to provide gold with the victim until the date of promise due to the circumstances such as the preceding paragraph.

As such, the Defendant, by deceiving the victim, was issued a gold sheet of KRW 4 million at the market price from the damaged party.

3. On April 22, 2016, the Defendant against the victim I asked the victim I, who called the Defendant to report the publicity items posted on the Internet website, to sell money at a low price of 2 gold sheets with eight payments.”

However, the defendant did not have the ability to manufacture and sell gold with money from the injured party due to the circumstances such as Paragraph 1.

Nevertheless, the defendant deceivings the victim as above, and immediately from the victim, 2.58 million won to the defendant's account, and May 1, 201.

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