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(영문) 부산지방법원 2013.12.27 2013고단8272
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud and is still pending in the final appeal.

On February 26, 2012, the Defendant posted a letter to the effect that he sells various merchandise coupons at a discounted price of 20%, as the title, “I receive the reservation of department stores, SK K-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-lic-

However, the fact is, however, that the defendant purchased merchandise coupons by the so-called "loshing" method to purchase merchandise coupons to be paid to other merchandise coupons purchasers with the price of merchandise coupons transferred by the purchaser, and the structure of purchasing merchandise coupons at a price higher than the selling price, so that merchandise coupons were purchased, and there was no intention or ability to send merchandise coupons even if they receive merchandise coupons money from the victims because there was no profit structure or property to cope with such deficit.

Nevertheless, the Defendant made a false statement to the effect that “I would forward money and sell gift certificates on the face of the week” to the victim E, who had contacted with the Defendant to purchase gift certificates, and received KRW 6,320,000 from the victim on March 11, 2013 as the price for gift certificates, and received KRW 6,320,000 from the victim’s bank account in the name of the Defendant as the price for gift certificates, and received KRW 103,140,000 in total from the victim’s bank account in the name of the Defendant from around that time to April 16, 2013 through the same method as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes to receipts and deposits inquiry;

1. Article 347(1) of the Criminal Act provides that the pertinent provision of the Criminal Act and the choice of punishment for the crime shall be applied.

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