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(영문) 창원지방법원 통영지원 2017.01.31 2016고단1750
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, as a person who does not have any occupation or income due to a shortage of living expenses, etc., did not sell heavy products to many and unspecified persons via the Internet, with the intention of deceiving money under the name of the purchase price.

"2016 Highest 1750"

1. On August 26, 2016, the Defendant puts up a letter on the Internet homepage, stating that “I will sell gold and gold tamp to 500,000 won,” on the bulletin board of “Gromarket,” and then falsely sees that I would sell gold and gold tamp to the victim B who contacted with the above writing as if I would normally sell the said gold and gold tamp.

However, even if you receive the price for the goods from the injured party, there was no intention or ability to sell gold and gold tamp.

Therefore, the Defendant received money from the injured party to transfer the amount of KRW 500,000 to the account (C) in the name of the Defendant on the same day.

"2016 Highest 1855"

2. On August 25, 2016, the Defendant posted a letter on the Internet website’s “stringter” bulletin board, stating that the Defendant would sell bamboo trees,” and reported the above letter to the victim D who contacted with the victim, and falsely told the victim D that the said bamboo tring was sold.

However, even if the victim receives the price of the goods from the victim D, there was no intention or ability to sell large trees.

The Defendant received 220,000 won from the victim D to the national bank E account in the name of the Defendant, and acquired it by fraud, and also received 1,50,000 won from the victim F to the above national bank account in the name of each Defendant on July 27, 2016 as the price for the sale of sea fishing, and on August 25, 2016, from G to the above national bank account in the name of each Defendant.

Therefore, the defendant deceivings the victims as above and acquired the total of 670,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement in B, D, and G;

1. The text message, a statement of remittance, and each passbook transaction.

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