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(영문) 수원지방법원 성남지원 2013.08.30 2013고단759
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall obtain money 940,00,00 won by fraud from C who is an applicant for compensation, and 644.

Reasons

Punishment of the crime

"2013 Highest 759" was established and operated by the Internet shopping mall office in Sungnam-gu from January 16, 2013 to February 28, 2013, the Defendant opened and operated H and various merchandise coupon sales sites, such as new and clothing, etc. However, the Defendant did not have merchandise coupons, etc., and did not have any intent or ability to send merchandise coupons, etc. even if he received an order to purchase merchandise coupons, etc. from customers and received money from them.

Nevertheless, around February 19, 2013, the Defendant, at the above J-based Office No. 204 around February 19, 2013, by deceiving the Victim K, which was connected to the above J-site, and then, it was transferred to the national bank account (Account Number: L) in the name of the Defendant, KRW 930,000 from the victim, along with the purchase order of ten copies of the 100,000 original gift certificates.

The Defendant, including this, was from January 17, 2013 to the same year.

2. By up to 27.2, the victim was transferred KRW 43,726,040 by the same method using the said three online sales sites, as shown in attached Table 1.

around January 16, 2013, the Defendant: (a) opened the Internet shopping mall office in Seongbuk-gu GB04, Seongbuk-gu, Sungnam-si; and (b) operated the said shopping mall by around January 23, 2013, a shopping mall that sells various gift certificates, including the name of the said site, without delivering orders, etc. issued by the victims while operating H; and (c) around February 28, 2013, the said shopping mall was operated from that time to February 28, 2013.

As above, the Defendant did not have any goods during the operation of the shopping mall, and the Defendant did not intend or have the ability to sell the goods even if he received orders from the victims because the funds to purchase the goods were not available.

Nevertheless, around January 21, 2013, the Defendant sells coolings to the above “H” site at the above office around January 21, 2013.

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