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(영문) 광주지방법원 2016.01.13 2015고단4176
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Records] On February 19, 2014, the Defendant was sentenced to imprisonment for a period of eight months at the Gwangju District Court for fraud

4. 1. The same year after the above judgment became final and conclusive.

4. 22. The execution of the above sentence was terminated in the Gwangju District Court, and on November 10, 2015, the judgment on November 18, 2015 became final and conclusive by being sentenced to imprisonment with prison labor for the same crime in the Gwangju District Court, and one year and two months.

[Criminal facts]

1. On September 6, 2012, the Defendant told the victim to the effect that “Around September 6, 2012, the Defendant wishes to purchase the DJ mixing equipment, which was posted by the victim D by accessing NA to a computer located in NAB and a foreign car page, with the victim’s own residence.” The Defendant called the victim to “I will send the instrument via a home page upon the transfer of the price.”

However, there was no intention or ability to send the above goods to the door-to-door distribution even if the defendant has not owned the DJ mixing equipment and received the payment from the injured party.

As such, the Defendant, by deceiving the victim, received money from the victim as the price of the instrument and acquired it by fraud.

2. On March 3, 2015, the Defendant sent a statement to the effect that “The Defendant would send a bicycle to a n-xct bicycle on his/her home page at the time when he/she transferred the price to the Defendant’s home page by accessing NAV with a computer located at the same place.” The Defendant sent a statement to the effect that “The Defendant would send a bicycle to the Defendant on his/her home page at the time of transfer of the price.”

However, the defendant did not own Alton R-xct bicycles, and even if he received the payment from the injured party, he did not have the intention or ability to send the said bicycle to door-to-door.

As such, the Defendant, by deceiving the victim, received 330,000 won from the victim as a bicycle price and acquired it by fraud.

3. The Defendant is located in Gwangju Northern-gu F around April 6, 2015.

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