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(영문) 부산지방법원 동부지원 2015.12.02 2015고단618
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 15, 2011, the Defendant was sentenced to six months of imprisonment for larceny in the Dong Branch of the Busan District Court, and was released on March 29, 2013 in the smuggling Detention House and passed on September 5, 2013 during the execution of the sentence.

【Criminal Facts】

On November 20, 2014, the Defendant posted a false statement to the effect that “The Internet Nex 7 p.m. PC is sold to KRW 100,000,000,000,000,000,000 won, after accessing the Internet Nex H and 3 Dong 105, which is the Defendant’s residence, to the Busan Southern-gu, Busan-do, and 3 Dong 105, which is the Defendant’s Internet Nex, and then, “The Kex 7 p.m. PC is sold to 100,000,000,000 won,” and it was transferred from the victim to the Defendant’s community credit cooperative account at around 09:37 on the same day as the price for goods.”

However, as the Defendant had already sold the aforesaid KON 7 TON PC to another person, even if he received the payment for the goods from the victim, he/she did not have the intent and ability to send the said BON PC to the victim.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 100,000 from the victim.

"2015 Highest 1688"

1. On March 8, 2015, the Defendant concluded that “Around March 8, 2015, the Defendant borrowed KRW 30,000 to the Victim K, a member of the Internet evaded site NAJ, because there is no membership fee for the Plaintiff’s Busan regional group, the Defendant would pay 30,000 won at the next meeting.”

However, the defendant did not have any intention or ability to repay the above money even if he borrowed the money without any particular occupation.

Ultimately, the Defendant, as such, by deceiving the victim, obtained KRW 30,00 from the victim and acquired it by fraud.

2. On March 16, 2015, the Defendant calls to the Victim K at a place not exceeding Busan.

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