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(영문) 수원지방법원 2017.05.25 2017고단1963
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 16, 2016, the Defendant sent a false statement to the victim AS, stating that “When paying a small amount of money via a mobile phone, KRW 2 million will be paid to him/her, and the money deposited in the account will be paid to him/her.”

However, the defendant did not have an intention or ability to pay cash even if he/she has made a substitute settlement through the settlement of the amount of the mobile phone.

Nevertheless, on the 17th of the same month, the defendant deceivings the victim by the above method, and caused the victim to settle KRW 500,000,000 from the victim's cell phone around the 19th of the same month, KRW 98,000 from the victim's father AT mobile phone around the 19th of the same month, and KRW 98,000 from the victim's motherU mobile phone, respectively, and acquired property profits equivalent to the same amount by receiving the remittance of the amount deposited into the victim's account through refund.

On May 31, 2016, the Defendant made a false statement to the effect that “The victim AV’s AV’s son-W shall return to cash on the face of the settlement of the mobile phone small amount, and the mobile phone number shall be notified by paying the small amount of money on the mobile phone and the pin number shall be notified.”

In fact, even if the above AW orders the settlement of small amount, the defendant did not have the intention or ability to pay cash in return.

The Defendant had AW pay for the total amount of KRW 932,00,000 from the victim’s mobile phone (AX) to the victim’s mobile phone, KRW 300,000 to the small shopping, from NAV Co., Ltd. to the small shopping, and KRW 102,00 to the small shopping, from NAVine to the small shopping, and KRW 440,000 to the small shopping, from fin number, to the purchase of Ireland, Navy Pream gift certificates, and instead of 932,00 to the victim.

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