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(영문) 서울북부지방법원 2016.09.02 2016고정945
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the company working in C.

1. On May 15, 2015, the Defendant made a proposal to the effect that “the Defendant would give back the original team” by phone call to the victim D, who became aware of the transaction at the early night. On May 14, 2015, the Defendant made a false statement to the victim that “on May 14, 2015, the Defendant calls again to the victim for sending KRW 1 million in advance at a high price.” On June 15, 2015, the Defendant made a false statement to the victim that “if the Defendant calls for sending the original team to the Defendant who is in the custody of the original team, it is necessary to send additional money, as it is necessary to send additional money.”

However, in fact, the defendant did not have the intention or ability to sell to the victim at a low price, and the original body to be sent to the victim was a stolen thing that could not be disposed of even if the victim received it.

Nevertheless, the Defendant, by deceiving the victim by the above method, received a total of 4 million won from the SC Japan bank account (Account Number: E) in the name of the Defendant over three times, such as the No. 1 through No. 3 of the List of Crimes.

2. On June 2015, the Defendant sent a cell phone display camera to the said victim with his/her original photograph affixed to the Defendant, and avoided the original purchase thereof, and the Defendant falsely stated that “on the face of sending the money, the Defendant would deliver the original set up until June 20, 2015,” upon the victim’s consent, to the effect that “on the face of sending the money, the Defendant would deliver the money to the Defendant by June 20, 2015,” and on June 20, 2015, the Defendant called “on the part of the Defendant, the original set up that the Defendant sent the money to the company where he/she works within his/her original set up. When sending the money back, 4 million won should be additionally required.” If sending the money again, this would make payment to another original set of money or in cash within the beam.”

However, the Defendant did not have the intent or ability to sell the original copy of the photograph transmitted to the victim as above, and the victim added money to the Defendant.

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