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(영문) 부산지방법원 2015.08.13 2015고단891
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant 300,000 won, D 350,000 won, to the applicant for a compensation order C.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court on April 23, 2014, and completed the execution of the sentence at the Busan Detention House on April 23, 2014.

Around November 28, 2014, the Defendant posted a false statement on the Internet portal site "Niberian," NAVL, at the Internet portal site, to the victim P who reported and contacted such writing, sent KRW 205,000 to him/her the remittance of KRW 205,00,00.

However, there was no intention or ability to sell the goods even if they receive the price from the victim because they are not in possession of the goods.

As such, the Defendant, including by deceiving the victim and receiving KRW 205,00 from the victim’s agricultural bank account in the name of the Defendant to transfer KRW 205,00 from the victim’s account, under the name of the Defendant. From around that time to January 28, 2015, the Defendant received KRW 15,110,000 in total over 47 times in the same manner as indicated in the attached crime sight table 1.

At around 20:00 on January 11, 2015, the Defendant, “2015 Highest 2245,” written out a false statement on the sales of the Internet website 'highest Gaphone 5s' in the Internet site Nurier Highest Kabufa, and reported this fact to the victim R who had contacted with the Defendant, sent the smartphone price to the Agricultural Cooperative Account in the name of the Defendant, the Defendant would send it on the following day.

However, even though the defendant did not have a heavy smartphone, he did not have any intention or ability to sell smartphones even if he received money from the victim.

The Defendant, as above, received KRW 370,000 from the above account at around January 12, 2015, by deceiving the victim, and received KRW 370,00 from the above account at around that time, and acquired by transfer KRW 1110,00 from the victims three times as shown in attached Table 2 of Crimes List 2.

On January 13, 2015, the defendant of "2015 Highest 3291" may know the trade name in the Gu of Busan, Busan, around 22:30.

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