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(영문) 수원지방법원 2017.04.14 2016고단6790
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2016, the Defendant posted a letter “assigning computer parts, such as a traffic card,” on the Internet NAVand a national camera,” and made a false statement to the victim F who contacted with the Internet, stating that “on the basis of remitting money, it will deliver goods.”

However, at the time of fact, the Defendant did not have the goods sold, and was thought to use the goods for living expenses and refund money to other customers with money from the injured party, so there was no intention or ability to sell the goods from the beginning.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 2,105,000 in total from the victim to the Agricultural Cooperative account in the name of the Defendant for the price of goods, including KRW 350,00 in total, KRW 1,275,00 in the same day, around March 16 of the same month, and KRW 480,00 in the same month. From August 2, 2016 to September 30, 2016 in the following manner, the Defendant transferred KRW 13,238,00 in total from the victim 19 times in total as shown in the list of crimes in the attached list of crimes to the price of goods.

On August 9, 2016, the Defendant posted a letter “sale of computer parts” on the Internet NAVand a foreign car page, and made a false statement to the victim G who contacted with the Defendant “transfer of money.”

However, the Defendant did not have the goods at the time, and was thought to use the goods for living expenses, refund money to other customers, etc. so, the Defendant did not have any intention or ability to sell the goods from the beginning.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 332,00 to the Agricultural Cooperative account under the name of the defendant as the price for goods on the same day from the victim, and the defendant is recorded in the list of crimes in the attached form as above from July 27, 2016 to October 10, 2016.

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