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(영문) 전주지방법원 군산지원 2015.11.09 2015고단962
사기
Text

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

Reasons

Punishment of the crime

[2015 Highest 962] On February 27, 2015, the Defendant visited the Defendant with smartphones via the Internet Gabna, “Nur,” and called a telephone call with the Defendant to send a performance ticket if he/she transfers money by contact to the victim by reporting a letter posted to the effect that the victim EM purchases the Zatna,” on the above page bulletin board.

However, the defendant did not have the above performance pockets and did not have the intent or ability to send money to the victim even if he received money from the victim, and was thought to do the Internet sports gambling with the remitted money.

The Defendant, by deceiving the victim as such, received 300,000 won as sales proceeds in Chapter 2 of the Public Performance Petet in the name of SC Bank EN account in the name of the victim in the same day from the victim.

[2015 Godan981] On March 20, 2015, the Defendant posted a false letter of sale, “on access to the Internet portal site poper spoper spoper spoper spoper spops,” and reported it to the victim EP who contacted the Defendant.”

However, as the defendant did not have the contact pockets at the time of sale, even if he received the price from the victim, he did not have the intention or ability to send the contact pockets to the victim.

The Defendant received KRW 140,000 from the victim on March 20, 2015 to the virtual account of Han Bank around 21:01.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the EM;

1. Application of Acts and subordinate statutes of the EP;

1. Relevant Articles of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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