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(영문) 수원지방법원 2017.10.11 2017고단1058
사기
Text

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

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 1058", who had no special occupation, received money from the injured party C who was aware of the Internet game around March 2016, for the purpose of living expenses, etc. from the injured party C.

On March 12, 2016, the Defendant made a false statement to the victim of Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) stating that “The father will give profits if he/she makes an investment in the business.”

However, the Defendant did not have any specific property and income in addition to the obligation of KRW 15 million at the time, and did not have any intent to receive money from the injured party and did not have any intent to receive money from the injured party, even if he did not receive money from the injured party.

The Defendant acquired 27,870,000 won in total from the damaged person on 24 occasions from the damaged person, such as the first installment of the List of Crimes No. 1 until August 26, 2016, as well as from the Defendant’s receipt of KRW 500,00 from the damaged person, from the Defendant’s account under the name of the Defendant’s management, from August 26, 2016.

On January 31, 2017, the Defendant: (a) posted a false letter on the Defendant’s house located in Suwon-si G and the Defendant’s house located in Suwon-si G and 202 to “sale of kimchi air conditioners”, and reported it to the victim H who contacted with the Defendant’s house, thereby sending the Kimchi air conditioners when sending KRW 500,000 to the victim H.

However, in fact, even if the defendant did not have a kimchi cooling, and even if he received the price of goods from the victim H, he did not think that it will be used for living expenses, etc. of the defendant, and sent the kimchi cooling to the victim H.

there was no intention or ability to act.

Accordingly, the Defendant, as seen above, by deceiving the victim H, received KRW 500,000 from the victim H to the new bank account in the name of the same day, and transferred the amount of KRW 500,000 from November 24, 2016 to April 10, 2017 via five times in the same manner as in the attached Table 2.

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