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(영문) 서울동부지방법원 2017.08.24 2017고단559
사기
Text

A defendant shall be punished by imprisonment for one year.

The Defendant shall pay 1,400,000 won to the applicant C.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 1, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Eastern District Court, which became final and conclusive on December 9, 2016, and is currently under suspended sentence.

【Criminal facts】 On December 12, 2016, the Defendant made a false statement to the effect that “If you transfer KRW 128,500 won to a victim F, you will send tweet by mail” to the Internet NAV bulletin board at the Internet NAV 1817/17/1704’s residence.

However, there was no intention or ability to send the above diskettes to the victim even if the defendant did not own the above diskettes and received money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 128,50 from the bank account (Account Number: G) in the name of the Defendant in the name of the victim for the same day from the victim, and received KRW 128,500,00 in total from that time to February 7, 2017 by deceiving the victims in a total of 22 times from that time, as shown in the attached Table 1 List of Crimes, and received KRW 16,228,500 in total from that time.

"2017 Highest 622"

1. On December 24, 2016, the Defendant: (a) reported on December 24, 2016, 201 to post a notice that he/she wishes to purchase the victim H’s “E contact pockets” on the Internet NAV carbook at the fluoral site; and (b) contacted the victim with two copies of “200,000 won by depositing KRW 20,000 on the face of the week and contact pockets.”

The state made a false statement.

However, the defendant did not possess the above contact pockets and the victim did not have the intent or ability to sell the contact pockets even if he remitted money.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 200,000 to the bank account (G) in its name on December 26, 2017 from the victim, under the name of the Defendant’s bank account (G).

2...

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