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(영문) 대전지방법원 2016.01.12 2015고단3967
사기
Text

A fine of two million won shall be imposed on each of the crimes listed in the judgment of the defendant 1, and a fine of ten months shall be imposed on each crime listed in the judgment of the court.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Daejeon District Court for fraud, etc. and on August 28, 2015, the said judgment became final and conclusive and is currently in the grace period.

1. On December 18, 2014, the Defendant made a false statement to the victim E by accessing the Internet NAVER 1603-dong 704-dong 1603 on a computer, thereby sending the 3.20,000 won of the cost of goods to the victim E at home.

However, the defendant did not have the above goods and thought that he will use the goods for personal purposes, such as Internet gambling, etc., so even if he received the above money from the injured party, he did not have an intention or ability to deliver the fluor.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received 320,000 won from the victim to the Agricultural Cooperative account in the name of F on the same day from the victim; and (b) acquired it through deception; (c) and (d) transferred the total amount of KRW 19,20,000 through nine times as shown in [Attachment List Nos. 1 through 9] from around that time to August 26, 2015.

2. On September 1, 2015, the Defendant, using smartphones at the same place as the foregoing paragraph, sent the victim G with a false statement that “on the transfer of the price of KRW 2.40,000,000, the Defendant would send 2.40,000,000 to her door-to-door.”

However, the defendant did not have the above goods and thought that he will use the goods for personal purposes, such as Internet gambling, etc., so even if he received the above money from the injured party, he did not have an intention or ability to deliver the gratization.

Nevertheless, the defendant deceiving the victim as above and received 240,000 won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day, and acquired it by fraud. From around that time to November 4, 2015.

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