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(영문) 서울북부지방법원 2013.10.23 2013고정2358
사기
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2013 High Court Decision 2358]

1. On January 30, 2013, at around 01:58, the Defendant reported the Defendant’s house located in Jung-gu Seoul Central Government Office B-ro 28-14(C) to the effect that the victim D puts up a 'proplate 3’ game machine located in NAV E, and made a false statement that the victim would sell 150,000 won as the victim had a game machine using mobile phone text service.

However, the defendant did not have a game machine and did not have the intent or ability to sell the game machine even if he receives a remittance of the value of the game machine from the victim.

The defendant received 150,000 won from the victim to the agricultural bank account under the name of the defendant for the purpose of paying for the game machine in 20:00 on the same day.

[2013 fixed 2359] The Defendant had no intention or ability to sell the goods via the Internet, but had expressed a false writing to sell the goods on the Internet bulletin board, and acquired them by fraud.

2. On February 8, 2013, at the above Defendant’s office around 15:00, the Defendant: (a) visited the Internet NAV Ekb, and contacted the victim F’s writing stating, “The MFMMMMMPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP, and (b) 1.40,

3. On February 19, 2013, the Defendant reported the victim H’s writing to purchase “PS Vita” game machine by accessing Internet NVV E camera, and made a false statement as if he/she sold the game machine to the victim, and then received KRW 220,000 from the victim’s above agricultural bank account around 20:00 of the same month.

4. On February 26, 2013, the Defendant sent a false statement to sell “SOYNY NEM 5R” for KRW 4.50,00,00 to the Internet NV E Cas by accessing the Internet NV E Cas, and reported it to the victim.

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