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(영문) 서울중앙지방법원 2016.01.29 2015고단3762
사기
Text

As to the crime of fraud against the victim E, the defendant shall be punished by a fine of KRW 500,00,000, and the remaining crimes in the judgment.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Seoul Central District Court on February 21, 2014, which became final and conclusive on February 21, 2014. On October 16, 2014, the Defendant was sentenced to a suspended sentence of 7 million won for the same crime and 6 months for the same crime, and was sentenced to a suspended sentence of 7 million won for a fine of 7 million won for the same crime, and the said judgment became final and conclusive on October 24,

[2015 Highest 3762] Even if the Defendant received money, he had no intention or ability to sell the goods, published a letter as if he sells the goods through the Internet site, and received money from the victims under the pretext of sales proceeds.

On November 20, 2014, the Defendant, using a smartphone around November 20, 201, sold the Internet NAF “F” at low prices.

A notice to the effect that “the victim was remitted KRW 700,000 from the victim G for the purpose of selling the goods at that time, as well as the transfer of KRW 700,00 from that time, he/she acquired KRW 3,585,00 from the victim 11 from November 20, 2014 to February 27, 2015, as shown in the attached Table 1 List of Crimes.

As such, the Defendant, by deceiving each victim, acquired the property by deceiving the victim.

[2015 Highest 4659] Even if the Defendant received money, he had no intention or ability to sell the goods, published a letter as if he sells the goods through the Internet site, and received money from the victims under the pretext of sales proceeds.

On February 3, 2013, the Defendant would give an order to the Internet NVV car page “H,” if he first forwards money to the Defendant.

A notice to the effect that “the victim was remitted KRW 1.30,000 from the victim E to May 4, 2015, as well as the remittance of KRW 1.30,000 from the victim E for sales proceeds around that time, he/she acquired KRW 2,01,50 in total from the victim from February 3, 2013 to May 4, 2015.

As such, the defendant deceivings victims to take the property by deceiving them.

[2015 Highest 6560]

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