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(영문) 서울동부지방법원 2017.11.08 2016고단1473
사기등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The Defendant: (a) to the applicant B, KRW 25,419,940; and (b) to C, KRW 36,619,220.

Reasons

Criminal facts

I. Around July 2015, Defendant 2016, Defendant 1473, posted an advertisement stating that “I will deliver goods if you deposit money” to the victim B who contacted the advertisement.

However, there was no intention or ability to deliver the goods even if they receive money from the injured party because the goods are in possession or have not been secured.

The Defendant, from August 11, 2015, received the remittance of KRW 50,000 from the injured party, from the time on which he received the remittance of KRW 25,674,80,00 from the injured party, and received the total amount of KRW 25,674,80 in the same way as the following table from the victims over 22 times until December 12, 2015.

II. Around August 29, 2015, Defendant 2664 posted an advertisement stating that “I ambling for fry, oil, oil, etc., which is an instrument for arching” to cell phone fry G at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government, and sent to the victim H who contacted with the advertisement, “I ambry and oil if I send money.”

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any means to possess or purchase goods, such as milk and oil return, so even if receiving money from the injured party, the Defendant did not have any intent or ability to deliver the goods normally.

As such, the Defendant, by deceiving the victim, received KRW 102,50 from the injured party for the said day-to-day powder and the low-priced price, and received KRW 77,368,020 in total from the victims on 19 occasions during the same period from the said date to January 21, 2016, as shown in the annexed Crimes List.

III. Around July 15, 2016, Defendant 2016, Defendant 3875, posted an advertisement stating that “I Internet KafeJ and K sell any powder, diaper, etc. which is an arche product” at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

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