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Reasons
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(영문) 의정부지방법원 2016.06.10 2016고단1289
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 20,000 won to the applicant C. The above compensation order shall be made.

Reasons

Punishment of the crime

1. On December 3, 2015, Defendant 1289, at the GPC room located in F of the Government-Si, posted a notice to sell complex equipment by accessing Internet NAVVs to high-tech foreign carpets, and selling complex equipment at KRW 100,000,000 to the victim H who reported and contacted the Defendant’s writing.

A false statement was made.

However, since the defendant did not have a composite organ at the time, even if he received the money from the injured party, he did not have the intention or ability to send the combined organ to the injured party.

The Defendant, as well as the receipt of KRW 100,00 from the victim to the national bank account (I) in the name of the Defendant in the name of the same day as the price for the goods on the same day, by deceiving the victims 64 times in total from that time to April 7, 2016, and by remitting KRW 11,420,100 in total from the victims.

2. On November 25, 2015, Defendant 2016, Defendant 1423, who reported to and expressed his/her intent to purchase, “as to transfer KRW 200,00,00,00, the bicycle parts” to the victim K, who was posted a letter “as to sell bicycle parts” posted on the Internet JJ club bulletin.

The defendant sent a bicycle part even if he/she receives the payment from the injured party because he/she did not possess a bicycle part.

there was no intention or ability to act.

As above, the Defendant, as well as by deceiving the victim and receiving KRW 200,000 from the victim to his bank account on the same day, received KRW 20,000 from the victim to December 14, 2015 by receiving KRW 2,585,00 in total over 12 times through the aforementioned method as shown in attached Table 2 of the List of Crimes from the date of the victim to December 14, 2015.

Summary of Evidence

[2016 Highest 1289]

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. M, N,O, P, Q, R, TR, T, M, V, X, Y, Z, AAA, AB, H, AD, AE, AE, AO, AH, AJ, AJ, AK, AL, AM, N, APE, AP, AP, Q, AS, C.

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