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Reasons
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(영문) 인천지방법원 2016.10.06 2016고단5073
사기
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A defendant shall be punished by imprisonment for not more than ten months.

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

On October 10, 2015, the Defendant stated that “The Defendant will send 1.50,000 won to the Defendant via the Kakakao Kakaox,” on the part of the victim D posted on the Internet NAV bulletin board. The Defendant stated that “The Defendant will send 1.50,000 won to the Defendant.”

However, the defendant did not possess the above camera and did not have the intent and ability to send it even if he receives the payment from the victim.

Around October 10, 2015, the Defendant, by deceiving the victim as above, received KRW 1.50,000 from the victim to the corporate bank account (E) bank account under the name of the Defendant, and received a total of KRW 4,512,00 from around that time to March 30, 2016, as shown in attached Table 1.

around April 1, 2016, the Defendant stated that “The 2016 Highest 5834,” “The Defendant, at the Defendant’s house located in the Nam-gu Incheon Metropolitan City F and 201, posted by the victim G on the Internet NAV bulletin board, shall purchase 15 merpts,” and that “the Defendant will send 15 merpts, if sent KRW 450,000,000,000,000,000 won.”

However, the defendant did not possess the above domains and did not have the intent and ability to send it even if he receives the price from the victim.

On April 1, 2016, the Defendant, by deceiving the victim as above, received 4,50,000 won from the victim to the new bank account (H) account under the name of the Defendant and received 6,065,00 won in total on three occasions from around that time to May 23, 2016, as shown in the attached Table 2 of Crimes List of Crimes.

Summary of Evidence

"2016 Highest 5073"

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. Each police officer's statement of D, J, K, and L;

1. Each written statement of M, N,O, P, Q, R, S, T, U,V, W, X,Y, Z and C;

1. The suspect for the report of investigation; and

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