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(영문) 서울중앙지방법원 2017.04.27 2017고단277
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to two years of imprisonment for fraud, etc. by the Incheon District Court, and the execution of the sentence was terminated by the Daegu Prison on November 27, 2015. On November 30, 2016, the Defendant was sentenced to a fine of eight million won by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury, etc.) and is still pending in the appellate trial.

On October 12, 2016, the Defendant, “2017 Highest 277,” by using Handphones in his/her own residence located in Daegu-gu C and 202, connected to the Internet NAV “China-highest country,” and posted a notice to the effect that the victim D purchases “purchase a warning machine” posted on the bulletin board for the purchase of the said carpet goods, and sells the said goods by contact with the said victim.

A false statement was made.

However, even though the above alarm was not given, the defendant did not have any intent or ability to deliver the alarm even if he received money from the injured party for the purpose of using it as living expenses, entertainment expenses, etc. by receiving the money from the injured party.

Nevertheless, the Defendant, as described in the attached Table of Crimes from October 26, 2016, by deceiving the victim and receiving KRW 180,000 from the victim on the same day the remittance of KRW 1,80,000,00 from the time to October 26, 2016, received the remittance of KRW 8,440,00 in total from eight times as indicated in

"2017 Highest 1426"

1. On December 26, 2016, the Defendant: (a) accessed the Handphones in his/her own residence located in the Seoul Gangdong-gu Seoul Metropolitan Government F and 402 to the Internet NAVber “China country” car page; (b) on the part of the victim E, posted a notice stating that “the purchase of Kim Beder” posted on the Kaf goods purchase bulletin board; and (c) contacted the said victim to sell the said goods.

A false statement was made.

However, in fact, even if the defendant did not cut the above Kim Jong-bak, the defendant received the money from the injured party and received the money for the goods.

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