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(영문) 인천지방법원 2017.02.23 2016고단5554
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2016 Highest 554"

1. On April 25, 2016, the Defendant made a false statement to the victim D that “The Defendant would sell the Home Plus gift certificates in KRW 89,500, and KRW 90,000, the Home Plus gift certificates in KRW 89,500.”

However, the Defendant had no intention or ability to deliver merchandise coupons even if he receives money from the injured party, on the ground that the Defendant was unable to properly distribute merchandise coupons at the time, and there was no good financial circumstance, such as being subject to civil litigation for the return of the price of goods worth KRW 170 million from E, and that there was a single person who later traded with money from the trading party to return money, and thus, there was no intention or ability to deliver merchandise coupons even if he received money from the injured party.

On April 25, 2016, the Defendant, by deceiving the victim and deceiving the victim, received KRW 17,960,000 in total from eight times until May 23, 2016, such as receiving KRW 1,795,00 from the Saemaul Treasury account (F) in the name of the Defendant, from the victim.

2. On May 12, 2016, the criminal defendant against the victim C sent money to the victim C by a mobile phone text message “If he/she wishes to purchase a gift certificate because he/she was stored in the department store store.”

H. The phrase “FEA” was false.

However, the Defendant had no intention or ability to deliver merchandise coupons even if he receives money from the injured party, on the ground that the Defendant was unable to properly distribute merchandise coupons at the time, and there was no good financial circumstance, such as being subject to civil litigation for the return of the price of goods worth KRW 170 million from E, and that there was a single person who later traded with money from the trading party to return money, and thus, there was no intention or ability to deliver merchandise coupons even if he received money from the injured party.

As such, the Defendant: (a) by deceiving the victim; and (b) obtained money from the victim to the Saemaul Treasury account in the name of the said Defendant on three occasions from May 13, 2016 to May 20, 2016, and acquired money by transfer from the victim.

"2016 Highest 6020"

1. Fraud in victim E;

A. The Defendant on January 14, 2016, Seo-gu Incheon, Seo-gu G.

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