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(영문) 수원지방법원 2016.04.07 2016고단241
사기
Text

The defendant shall be punished by imprisonment with prison labor for 8 months for the crimes set forth in [Attachment Nos. 1 to 4] and Nos. 2 and 3 of [Attachment No. 1].

Reasons

Punishment of the crime

[criminal records] On December 16, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Incheon District Court on June 2015, and the judgment became final and conclusive on December 24, 2015.

"2016 Highest 241"

1. On December 17, 2015, the Defendant connected smartphone flusing “A” to “a smartphone flusing flusing flusing” in the vicinity of the Ansan-si, Ansan-si, and “a flusing flusing flusing flusing flusing flusing flusing flusing flusing flusing the victim’s posted a notice by the victim C, contacted the said victim with the Kakaox, thereby having actually kept the Kakao flusing flusing flusing flusing flusing, and sent the victim’s photo to the Kao flusing flusing 200,000 won to the post office account.”

However, in fact, the Defendant’s photograph of the crowdfunding that the Defendant sent to the victim was a photograph taken by the Defendant at the database evasion site, and the Defendant did not keep the said crowdfunding. As such, even if 200,000 won was remitted from the victim, the Defendant did not have the intent or ability to send the said crowdfunding to the victim.

Nevertheless, the Defendant received a total of KRW 1855,00 from the victims in the same manner nine times from the time, including the fact that he/she immediately received KRW 200,000 from the victims to the above account from January 15, 2016, by the same method as in attached Table 1.

"2016 Highest 415"

2. On November 30, 2015, the Defendant made a false statement to the effect that “The Defendant would send a ticket if it transfers KRW 260,000,00 to the Defendant,” posted on the “openter,” a product purchase Internet site,” and that “The Defendant would send a ticket if it transfers KRW 260,000.”

However, in fact, the Defendant did not have trading orders to the victim at the time, and was willing to receive money from the victim to use the money as living expenses, etc., and thus, the goods from the beginning are the victim.

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