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(영문) 광주지방법원 해남지원 2015.12.31 2015고단204
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On October 27, 2011, the Defendant was sentenced to a suspended sentence of 8 months for fraud in the support of the Gwangju metropolitan District Court, and on September 16, 2013, the Defendant was sentenced to two years of imprisonment with prison labor at the Gwangju District Court for fraud, etc. on September 16, 2013, and was released on October 28, 2014 during the execution of the sentence in the military prison, and on December 10, 2014, the parole period expired.

【Criminal Facts】

Around January 20, 2015, the Defendant: (a) accessed the Defendant’s mobile phone in the vicinity of the Gun Station located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, via the Internet; (b) posted a notice that “I sell cultural product certificates” on the Internet website bulletin board of the Internet website; (c) reported that I sold cultural product rights to the victim C who visited the Defendant.

However, even if the defendant receives money from victims, the defendant did not have the intention or ability to sell cultural products.

Nevertheless, at around 16:45 on the same day, the Defendant, by deceiving the victim, received KRW 40,000 from the victim’s agricultural bank account (Account Number: D) and obtained KRW 1,020,000 from January 19, 205 to March 4, 2015, and obtained KRW 1,020,000 through four times in total from the victims.

The Defendant reported on the purchase of mid- and long-term mobile phones posted by the victim E on the Internet NAVV online bulletin board on September 18, 2015 at the sub-section Seoul (hereinafter referred to as "Seoul") and contacted the Defendant on September 18, 2015. The Defendant: (a) held two mid- and long-term mobile phones to sell KRW 170,000, although he/she did not intend or have an ability to sell a mobile phone; and (b) held that he/she would sell KRW 170,000 from September 19, 2015 to the agricultural bank account under the name of the Defendant around September 19, 2015; and (c) received KRW 170,000 from the victim.

9. Until December 27, 200, the victims were accused of 306,40 won by deceiving the victims on a total of seven occasions, such as the annexed List of Crimes 2.

Summary of Evidence

"2015 Highest 204"

1. Defendant's legal statement;

1.F, G,.

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