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(영문) 전주지방법원 2015.11.19 2014고단1426
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

around October 14, 2013, the Defendant written a false statement to the effect that “The Defendant would sell the diaper in 44,500 won,” which is the website of used goods, at the residence of the Defendant of Yasan-gu Seoul Metropolitan City, and the JL, which is the website of used goods.”

However, the defendant did not have any intention or ability to deliver goods even if he receives the payment of goods because he did not have any original return.

The Defendant, from the victim D to the former bank account (E) in the name of the Defendant on the same day, acquired 44,500 won from the victim’s prior to July 15, 2014, and acquired 3,828,000 won in total over 40 times from the time to July 15, 2014.

On July 12, 2014, the Defendant stated that “The Defendant shall first deposit KRW 53,000,00,00,000,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the defendant did not have any intention or ability to sell diapers even though he received money from the victim as the diapers price.

The Defendant, by deceiving the victim as above, received KRW 53,00 from the Suhyup account in the G name at that time, and acquired it by fraud.

Around April 24, 2014, the Defendant written and posted a letter “JL”, a website for used goods transaction on the Internet, stating that the Defendant would sell low-income at KRW 37,000, a price below the market price, which is approximately KRW 5,000, below the market price.”

However, in fact, even if the defendant received money from the victim H who contacted with the above article under the pretext of the low-income amount, he did not have an intention or ability to send the money to the defendant only because he thought that he would consume the money for personal purposes.

Nevertheless, the Defendant, like sending the completion of the work normally, deceiving the victim and deceiving him.

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