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Reasons
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(영문) 의정부지방법원 고양지원 2018.07.06 2017고단3927
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 14, 2017, the Defendant posted a false statement to the effect that “The Defendant would sell the pre-paid card if pre-paid KRW 280,000,000” to the victim B who visited the Defendant, at a place where it is not possible to know the place of light on July 14, 2017.” The Defendant sent a false statement to the effect that “The pre-paid card will be sold if pre-paid KRW 280,000.”

However, even if the Defendant received the sales proceeds from the injured party, the Defendant did not have any intention or ability to sell the said sales card.

Nevertheless, the Defendant received KRW 280,00 from the injured party on the same day to the account (C) in the name of the Defendant, and, in the same manner, received KRW 1738,00 from around that day to July 18, 2017, by deceiving the victims on a total of eight occasions, such as the statement in the list of crimes in attached Table 1 from around that day, and received KRW 1738,00 from the victims.

The Defendant, on December 15, 2017, posted a notice to the effect that “The Defendant shall sell cultural merchandise coupons at 75% by reservation to the 75% price” at a place where it is impossible to identify a place of light on December 15, 2017, and on the Internet’s website,” and sent money to the victim D who reported and contacted this day, he/she would purchase and sell cultural merchandise coupons.

A false statement was made.

However, even if the defendant receives money from the injured party, he did not have the intent and ability to purchase cultural merchandise coupons.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 40,000 from the victim's bank account (E) in the name of the Defendant on the same day from the victim, as the sale price of the gift certificates, and by the same method, deceiving the victims 17 times in total from November 3, 2017 to January 28, 2018, and obtained the delivery of KRW 6080,000 from the victims.

Summary of Evidence

"2017 Highest 3927"

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. B, G, H,.

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