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(영문) 광주지방법원 2015.06.30 2014고단3285
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 2014, the Defendant posted a false advertisement on the Internet goods transaction site in order to punish the cost of living, and made a false advertisement with the content that he/she would receive money in the name of the cost of golf products from the victims who contacted with it, and sell golf balls or golfization on the Internet site.

1. On June 15, 2014, the Defendant sent a golf hole to the victim D who reported and contacted the above advertisement on June 15, 2014.

On June 15, 2014, the Defendant received 180,000 won from the victim’s account of community credit cooperatives in the name of the Defendant on June 15, 2014. 2. On June 22, 2014, the Defendant made a false statement to the victim E who reported and contacted the above advertisement, stating that “in the event of deposit of KRW 100,000,000,000,000 is to be sent,” and the Defendant received 10,000 won from the victim’s account of community credit cooperatives in the name of the Defendant on

In this respect, the defendant deceptioned two victims, and acquired a total of 2.80,00 won as the price for golf products.

On November 15, 2014, the Defendant: (a) sent a notice to the Defendant that he would sell golf balls on the Internet portal site, on November 15, 2014, the Defendant sent a text message to the Victim F and the Defendant, who sent the notice to the Defendant that he would sell golf balls; and (b) sent the said golf balls upon deposit of the price.

However, the defendant did not have the above golf machine, so even if he received the payment from the victim, he did not have the intention or ability to sell it to the victim.

As such, the Defendant, by deceiving the victim as such, received 70,000 won from the victim to the foreign exchange bank account under the name of the Defendant as the sale proceeds of golf-related business on the same day, from that time, from that time, the Defendant was transferred to the foreign exchange bank account under the name of the Defendant.

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