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(영문) 부산지방법원 2016.04.20 2015고정3096
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and the judgment became final and conclusive on July 18, 2015.

[2015 High 3096] On November 13, 2014, the Defendant sent a letter to C using smartphones to sell 5 S-phones, and made a false statement to deliver money to the victim D who had contacted for purchase.

However, even if you receive money, there is no intention or ability to sell the goods.

As such, the Defendant, by deceiving the victim, received 300,000 won from the victim to the E bank accountF in the name of the Defendant.

[2015 Go fixed 4079] On November 16, 2014, the Defendant posted a notice to sell Aphone 5S on the Internet G bulletin board, thereby making a false statement to the victim H, who reported and contacted, “I will deliver the said goods if you enter the J bank account in the name of J bank account.”

However, the defendant did not have the intention or ability to deliver the above sales proceeds even if he was remitted.

The Defendant: (a) by deceiving the victim as above; (b) had the victim transferred money from the victim H to the I account; (c) received 364,000 won from the sale of goods to the E bank (F) account in the name of the principal of the second party; and (d) received money from the victim L in the same way on November 17, 2014; and (c) received money totaling KRW 564,000 from the victim L to the transfer of KRW 200,000,000.

[2015 High 4080] Around November 6, 2014, the Defendant returned to the Southern-gu Busan Metropolitan City Bluxdong, and posted a letter of 5 sales of a mobile phone to C using smartphones, and made a false statement to deliver the goods to the victim M who had contacted for purchase, if he/she remitted sales money to the victim M who had contacted for purchase.

However, the defendant did not have the intention or ability to sell the goods even after receiving the sales money.

The Defendant M. The Victim M.

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