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(영문) 서울남부지방법원 2018.01.25 2017고정1597
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2017 High 1597] Around March 5, 2017, the Defendant visited the Internet NAVV in the Republic of Korea, Gangseo-gu, Seoul, 4 Dong 601, and posted a “sale of merchandise coupons” to the victim C (29 years of age) who reported and contacted the posting, “as to sell KRW 17,00,00 won of merchandise coupons 1,50,000,000 won of merchandise coupons 1,000 won of merchandise coupons 1,50,000 won of merchandise coupons 1,00,000 won of merchandise coupons 1,50,000 won of merchandise coupons 1,000 won of corporate bank account (D) and received merchandise coupons additionally, and made a false statement in the text message.

However, even if cash is remitted from the victim from the beginning, there was no intention or ability to deliver gift certificates to the department store.

The defendant deceivings the victim as above and received KRW 1 million from the victim to the corporate bank account (D) in the name of the defendant.

[2017 High 1649] On February 19, 2017, the Defendant posted a letter “sale of gift certificates at discount” on the Korean bulletin board, which is a NAV, at an influent place and on the Korean bulletin board. The Defendant sold gift certificates at discount of KRW 710,000, KRW 2,000, KRW 2,000, and KRW 1,750,000, respectively, to the victims in contact with the Defendant.

A false statement was made.

However, in fact, the defendant did not have the above merchandise coupon and thought to use it for the repayment of personal debt with money from the injured party, so even if he received money from the injured party, he did not have an intention or ability to deliver merchandise coupon as agreed.

Nevertheless, the Defendant: (a) by deceiving the victim and receiving KRW 2,460,00 from the victim to the new bank account in the name of the Defendant; (b) and (c) received KRW 5,767,00 in total as the price for the goods from the victim to February 27, 2017, as shown in the list of crimes in the attached Table from around the above day to February 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, G, H, I, J, and K Preparation 1.

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