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(영문) 의정부지방법원 2015.09.07 2015고단1914
사기
Text

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

Reasons

Punishment of the crime

[2015 Highest 1914] On March 8, 2015, the Defendant visited the victim D who was posted a letter that he/she wishes to purchase the “water surface system” after accessing the Defendant’s home from Guri-si, Gyeonggi-do, 102 Dong 1003 to the “number-place”, which is a smartphone sales site, and then called the victim D with text messages to sell the above exemption.

However, in fact, the Defendant did not hold the above exemption from taxation from taxation from the beginning, and there was no intention or ability to sell it to the victim.

Accordingly, the Defendant, as seen above, received a total of 5,719,040 won from the victims 60 times from May 14, 2015, including by deceiving the victim as above and receiving 60,000 won from the victim as the sales proceeds of exemption.

[2015 Highest 2629] On May 4, 2015, the Defendant posted a notice stating that the Defendant would sell the game CD to the victim by using a computer at the Defendant’s home located in the Guri-si C, 102 Dong 1003, “after having access to the Internet, the victim E purchases put to put in place, put to place, and buy 2015 Game CDs.”

However, as the Defendant did not have a game CD, the Defendant did not have any intent or ability to send a game CD even if he received money from the victim.

The defendant received 38,000 won from the victim as the price for goods on the same day from the victim to the Agricultural Cooperative (F) account under the name of the defendant, and the same year from that time.

5. From 20. up to 20. A total sum of KRW 1,621,00 was remitted from the victims to the said NongHyup account in total 14 times as shown in the attached Table 2 of Crimes List.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

[2015 Highest 1914]

1. Defendant's legal statement;

1. Each police statement to G, H, I, J, and K;

1. L, M, N,O, P, Q, R, S, T, U.

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