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(영문) 부산지방법원 동부지원 2016.09.21 2016고단858
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 13, 2016, the Defendant posted a false statement on the Defendant’s house located in Busan Shipping Daegu, Busan, on the part of the Defendant’s store, stating that “The Defendant sold Samsung coolant by accessing the Internet used goods transaction site to sell the said site,” and that “the Defendant would deliver the air conditioners upon deposit of KRW 1,60,000 to the victim C who expressed its intention to purchase the said report.”

그러나 사실 피고인은 위 글을 게시할 당시 냉장고를 가지고 있지 않았고 피해 자로부터 돈만 송금 받아 가로챌 생각이었기 때문에 이를 판매할 의사나 능력이 없었다.

The Defendant, as such, makes a false statement from the injured party, and as such, KRW 400,00 on February 13, 2016 under the pretext of cooling and heating for the damage.

2. The same year including the remittance of KRW 800,000 in total on two occasions, such as the remittance of KRW 400,000,000, from that time, from that time to that of a national bank account in the name of the defendant.

4. From the 26th day to the day of the crime list, the total amount of KRW 10,820,000 was remitted from the 13 victims as the price for the goods, such as the statement in the attached list of crimes.

On May 20, 2016, the Defendant, at the Defendant’s house located in Busan Shipping Daegu, Busan Shipping Daegu, posted a notice on his/her mobile phone to “18 K gyms selling gyms on the Internet gyms,” and said that he/she would deposit money in advance to the victim E who contacted with the Defendant and send the gyms on the face of the week.

However, there was no intention or ability to send money even if the defendant receives money because the defendant did not have any money.

As such, the Defendant, by deceiving the victim, received 80,000 won from the victims of the damage to the Saemaul Treasury (Account Number:F) account under the name of the Defendant for the consideration of the goods from the victims, and acquired 3,300,000 won in total from the victims, such as the statement in the list of crimes in the attached Table, until June 9, 2016.

Summary of Evidence

1. The defendant's person;

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