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(영문) 의정부지방법원 고양지원 2018.03.30 2017고단3845
사기
Text

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

The defendant shall pay 100,000 won to the applicant C. The above compensation order shall be issued.

Reasons

Punishment of the crime

On September 5, 2017, the Defendant stated that “Around September 5, 2017, the Defendant sent a seal to the victim D, who reported and contacted the advertising posted by the Defendant, with the content that “The sales of the name of a person who was extracted,” which is a social network service (SNS) and “the sales of the name of a person who was extracted.”

However, in fact, the defendant did not have a punishment to sell at the time, and there was no intention or ability to sell a punishment to the victim because he did not have a punishment to sell it, because of the necessity of living expenses only to receive only the money in the name of the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 200,000,000,000,000 from the victim, including KRW 150,000,000,000, from around September 12, 2017, under the name of additional sales proceeds; and (c) received money from the Defendant’s E-company bank account (F) in the name of the Defendant; and (b) from around that time to November 28, 2017, remitted KRW 2,238,40,00 in total from the victims in the same manner as indicated in the List of Crimes (1).

On September 14, 2017, the Defendant, “2018 Highest 439,” sold the type of figures extracted from the PC room located in the Gyeonggi-gu, Gyeonggi-do, and on the NAV-based website, the social network service (SNS).

“To send a letter to the victim G who reported and contacted the sales of the content and then send a seal to the victim G who first remitted the proceeds to the victim G.

“False speech” was made.

However, the defendant did not have a punishment for sale at the time, and there was no intention or ability to sell the punishment to the victim because he thought that he would receive only the money under the name of the victim due to the necessity of living expenses.

Nevertheless, the defendant deceptions as above, and is an enterprise bank account under the name of the defendant's mother E in terms of the price for goods in around 23:01 on the same day from the injured party.

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