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(영문) 부산지방법원 2016.11.29 2016고단5274
사기등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 5274] The Defendant conspired to post a false letter to sell goods on the Internet website in order to prepare living expenses, etc. while living together with the shipper C, and acquired the price by fraud. The Defendant posted a letter to sell goods on the Internet website and made the Defendant take charge of withdrawing the money deposited by the victims.

At around 14:20 on December 28, 2015, the Defendant conspired with C, posted a notice to sell a dried flag called “rier” on the Internet’s bulletin board, and proposed the victim D who contacted C to sell the said article as if he had sold it.

However, in fact, there was no intention or ability to send the said goods even if the said goods are deposited with money from the victim because the said equipment was not in possession.

The Defendant, in collusion with the above C, by deceiving the victim as above, and acquired 60,000 won from the above victim to the Busan Bank Account (F) in the name of E.

In collusion with C, the Defendant, from January 12, 2016, obtained the total amount of KRW 8,420,000 from that time until January 12, 2016, as shown in the list of offenses.

"2016 Highest 5974"

1. On January 7, 2016, the Defendant posted a notice stating that “I will sell children’s books, such as flabing,” on the Internet bulletin board, at a place where it is impossible to identify the place below Busan Metropolitan City, and suggested that I would sell the said articles to the victim G who contacted with the Defendant.

However, the defendant did not have the above infant liability and did not have any intention or ability to send the goods even if he received money from the victim.

Nevertheless, the defendant made a false statement to the victim, and it belongs thereto from the victim to the national bank account (I) in the name of H. 180.

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