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(영문) 울산지방법원 2016.01.26 2015고정1993
사기
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The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment for six months at the Ulsan District Court for fraud, and the judgment became final and conclusive on April 18, 2015.

1. On August 15, 2014, the Defendant made a false call to the victim B, who prepared a letter that he/she purchased cultural merchandise coupons at the Young-gu Amamdong, Ulsan-gu, Ulsan-gu, and on the bulletin board of the country, the Defendant made a false call to the victim B to sell KRW 18,000 won for KRW 20,00 cultural merchandise coupons.”

However, the defendant did not possess the above 20,000 won cultural merchandise coupons and therefore did not have an intention or ability to send the above cultural merchandise coupon to the victim normally even if he receives 18,000 won from the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received 18,000 won from the victim to the new bank account (C) in the name of the Defendant on the same day.

2. On November 2, 2014, the Defendant: (a) around Ulsan-gu, Ulsan-gu; (b) on the bulletin board of the “openter” page of smartphone fluor; and (c) on November 2, 2014, the Defendant sold merchandise coupons.

“In contact with the victim D who written the text “ will transfer KRW 75,000 to the cultural merchandise coupon number of KRW 75,000,000, by remitting KRW 70,000 to the Agricultural Cooperative Account in the name of the victim.”

“A false representation was made.”

However, the Defendant received the gift certificates pin number from the victim from the beginning and intended to sell it to a third party, and the Defendant did not have any intent or ability to remit the price of the gift certificates to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received the “10,000 won 7,5,000 won 10,000 won , and 75,000 won ,” from the victim’s cell phone (E) for the use of the Defendant at the time, acquired financial benefits equivalent to KRW 75,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. Certificates of deposit transactions;

1.Each.

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