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(영문) 인천지방법원 2017.12.20 2017고단5286
사기
Text

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

Reasons

Punishment of the crime

On April 17, 2017, the Defendant up to 5:00 on April 17, 2017, up to 5:00, up to 2017, posted a letter stating that he sells a Grand Culture gift certificate to Internet C in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and reported this fact to the victim D who visited the Defendant. “If 540,000 won is sent first, 10,000 won of cultural gift certificates will be sent first.”

The phrase “ makes a false statement.”

However, the defendant sent cultural merchandise coupons even if he/she does not possess cultural merchandise coupons and receives money from the injured party.

there was no intention or ability to act.

The Defendant was transferred 540,000 won to one bank account (E) in the name of the Defendant on the same day from the victim.

In addition, from around that time to May 20, 2017, the Defendant acquired the total of KRW 1,975,000 by means of the same five times as shown in the list of crimes in attached Form 1 through the same way.

"2017 Highest 5819"

1. On April 21, 2017, the Defendant, who committed the crime against Victim F, posted a notice to sell “C,” “C,” a website,” and then reported the above notice to the Defendant by the victim F, thereby selling the said merchandise coupon at KRW 600,000.

A false statement was made.

However, in fact, the Defendant did not have the above merchandise coupon and did not have the intent or ability to sell the merchandise coupon because he had the intent to use the money remitted from the damaged for the purpose of repaying the payment.

The Defendant: (a) by deceiving the victim as above; and (b) acquired pecuniary profits by remitting KRW 600,000 in the name of the purchase price of the gift certificates to one bank account under the name of the Defendant on the same day from the victim.

2. On April 21, 2017, the Defendant: (a) posted a notice on the victim G to “C”, an Internet site, “C” at an online site; and (b) contacted the victim to sell the said merchandise coupon in KRW 549,000 by selling the said merchandise coupon to KRW 549,00.

A false statement was made.

However, it is true.

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