(영문) 전주지방법원 2014.01.27 2013고정1150

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(영문) 전주지방법원 2014.01.27 2013고정1150

사기

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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at the Jeonju District Court for fraud, and the said judgment became final and conclusive on December 21, 2013.

[2013 high-level 1150] On April 23, 2012, the Defendant made a false statement that “The Defendant would deliver a traffic card if he/she transfers the price of the goods” by communicating the victim E, who posted an article to purchase a computer traffic card on the Internet N.V. D. S. bulletin at the Internet office located in the N.V. D. S., 09:00.

However, even if the defendant receives money, he did not have the intention or ability to send the promised thing.

Nevertheless, the Defendant, by deceiving the victim as above, received 350,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant, as the price for the goods.

[2013 High Court Decision 1228]

1. On July 2, 2013, the Defendant: (a) told the victim F to the effect that the Defendant purchased a “sexual light note” written by the victim F on the Internet NVV “D” page; and (b) contacted the victim to the effect that the Defendant sold the sexual light note to KRW 300,000,000. When remitting money, the Defendant sent the said note to the Defendant.

However, the defendant had the intent to receive the above money and use it as living expenses, etc., and even if he received the above money, he did not have the intent or ability to sell the above money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 300,000 won from the victim under the name of the Defendant’s prior bank account (Account Number G) in the name of the Defendant around that time.

2. Around August 8, 2013, the Defendant: (a) reported on the victim’s “D” car page included by the victim H in the said “D”; and (b) contacted the victim to the effect that the Defendant: (c) sold 6.20,000 won high-speed car page; (d) wired money to the victim; and (e) sent money to the Defendant.”

(b).

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