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(영문) 부산지방법원 2014.08.25 2014고단4864
사기
Text

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

The defendant shall pay 130,000 won to AR which is an application for compensation.

(e).

Reasons

Punishment of the crime

On January 4, 2013, the Defendant was sentenced to one year for habitual fraud by the Busan District Court, and the execution of the sentence was terminated on August 13, 2013. On May 26, 2014, the Defendant filed an appeal after having been sentenced to one year for fraud at the Busan District Court, which is currently pending in the appellate trial.

【Criminal Facts】

On March 30, 2014, the Defendant, at the PC bank located in the Si of Mapopopo-si, posted a notice on the Internet site NAna-ro by accessing the Internet site NAna-ro, selling the key on the bulletin board, and falsely sent a false notice to the victim AR who contacted with this, stating that “The key will be sold to 130,000 won.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the keyboard.

As above, the Defendant, by deceiving the victim, received 130,000 won from the victim to the corporate bank account under the name of the Defendant on the same day.

On January 4, 2013, the Defendant was sentenced to imprisonment with prison labor for habitual fraud at the Busan District Court on January 4, 2013, and completed the execution of the sentence on August 13, 2013.

[Criminal Facts] On April 3, 2014, the Defendant reported the content that the victim AS would purchase the contact pockets posted on the Internet NAVV Roster bulletin board on April 3, 2014, and made a false statement to the victim that he would sell the contact pockets.

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the contact diskettes.

As above, the Defendant, by deceiving the victim, received 100,000 won from the victim to the corporate bank account under the name of the Defendant on the same day.

Summary of Evidence

[2014 Highest 4864]

1. Defendant's legal statement;

1. AR's statement;

1. A written confirmation of transfer of Internet banking;

1. Previous convictions in judgment: criminal records and references;

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