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(영문) 인천지방법원 2017.05.18 2017고단450
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2017 Highest 450]

1. On October 17, 2016, the Defendant, against the victim B and the 17 persons, sells music records (i.e., Disposition) on a bulletin board on the medium and high country bulletin board “the website selling used goods.”

“The delivery of the proceeds of the goods shall be made if the proceeds of the goods are remitted” to the victim B who reported and contacted the above writing.

“A false representation was made.”

However, in fact, the Defendant did not have a sound record to be delivered to the victim, and there was an intention to obtain money from the victim by means of false statements from the victim, so there was no intention or ability to send a sound record even if he received money from the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) received 69,000 won in total from the bank account (C) with a new bank account in the name of the Defendant from the victim; and (c) received money from the victim; and (c) received from that time until November 23, 2016, a total amount of KRW 3,727,000 in total from November 18, 2016, as shown in the list of crimes in the

[2017 Highest 729]

2. On October 23, 2016, the Defendant against the victim D posted a false statement on the bulletin board of the “China and Highest Country”, a medium-sized online sales website, stating that “a public performance ticket is sold,” and that “a public performance ticket is to be delivered if money is remitted” to the victim D who reported and contacted the above writing.

However, in fact, the defendant did not have a performance pocket book to be delivered to the victim, and even if he received the payment from the victim, he thought to use it as personal living expenses, etc., so he did not have the intention or ability to send a performance pocket book as agreed.

The defendant deceivings the victim as above and was transferred KRW 80,00 from the victim to the new bank account (C) in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. W, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, T, T, U, and D respective complaints and statements;

1. Protocols of seizure (voluntary submission) and list of seizure;

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