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(영문) 서울남부지방법원 2014.09.25 2014고단1988
사기
Text

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

Reasons

Punishment of the crime

The Defendant stated that “2014 Highest 1988” means that the victims would deposit the amount of the credit card payment in cash even though they did not have the intent or ability to encash the payment of the credit card payment to the victims. Accordingly, the victims would pay cyber money or purchase merchandise coupons on the Internet website by a credit card and let the victims donate the money to the Defendant, and the Defendant would receive pecuniary benefits equivalent to the credit card payment by means of the cash of the cyber money and merchandise coupon, and by means of the cashization of the said cyber money and merchandise coupon.

1. On June 16, 2013, the criminal defendant against the victim C made a false statement to the victim C using the NAN Messenger at a place where it is difficult to identify the place. “If cyber money is paid by a credit card, 15% of the settlement amount shall be the commission and the remainder shall be deposited in cash.”

However, the defendant did not have the intention or ability to return the payment in cash to the victim.

Nevertheless, the Defendant had the victim pay cyber money equivalent to KRW 2,00,000 at the Internet website on the same day, and cyber money equivalent to KRW 1,700,000 at the E website respectively by credit card in the name of the victim.

The defendant continued to notify the victim of the ID and password of the above site, and after identifying the ID and password of the above site from the victim, the defendant used 500,000 won out of the above cyber money for purchasing cultural products rights, and the defendant used the remaining 3,200,000 won for exchanging in cash with others.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. The criminal defendant against the victim F is guilty at a place where it is unknown on November 16, 2012.

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