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(영문) 창원지방법원 2016.09.30 2016고단2340
사기
Text

A defendant shall be punished by imprisonment for one year.

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 January 27, 2016, the Defendant, “2016 Highest 2340, the Defendant,” written a false advertisement to sell clothings by accessing the app with a mobile phone from the shot site on January 27, 2016, and then sent the price to the victim D who reported and contacted, will deliver the relevant article first.

Although it was false, the defendant did not have the above goods and did not have any intent or ability to deliver the goods, even if he received money from the injured party due to living expenses, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 280,000 won from the victim to the new bank account (E) in the name of the Defendant for the same day from the victim; and (c) received 22,819,250 won in total from 52 victims in the same manner as shown in the attached crime list from around that time to July 10, 2016.

On February 23, 2016, the Defendant, “2016 Highest 26555,” called “the victim F through Internet Kakakao Stockholm text message,” thereby making a false statement that “The Defendant would sell 2,00,000 won 3,000 won of performance table Gao G performance,” but the fact was that the Defendant did not have the above Tweet and was thought to have been used as living expenses, etc., and thus, did not have the intent or ability to sell the goods, even though he did not want to buy the goods, the Defendant deceivings the victim as above and obtained the pecuniary benefits equivalent to 30,000 won by receiving 30,000 won of electronic cultural gift certificates from the victim.”

On June 16, 2016, the Defendant: (a) put a letter on the Internet’s Twitter stating “contain 4 pop-up,” and reported it on the Internet’s Twitter, despite the absence of any intent or ability to sell the Twit ticket even after receiving money from the injured party; and (b) reported it to the victim H who visited the victim, “82,000 won is remitted, and immediately after the deposit is confirmed.”

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