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(영문) 서울중앙지방법원 2013.12.06 2013고단807
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 807"

1. On October 31, 2012, the Defendant posted a letter stating that “The fact on the Internet site C does not have the intention or ability to sell the clothing,” and then fraudulently acquired KRW 110,000 on the same day from the victim D (year 31) who believed it to be true, to the Defendant’s name bank account.

"2013 Highest 2454"

2. On September 2, 2012, the Defendant made a false statement stating that “The Defendant would sell smartphones at KRW 143,000,” by communicating the said victim with “A” stating that the Victim E (23 years of age) purchases smartphones (theme) at the Internet site. First, the Defendant deposited money.”

However, even if the defendant received money from the above victim, he did not have the intention or ability to send things.

As such, the Defendant, by deceiving the above victim, received KRW 143,00 from the above victim as a single bank bank in the name of the defendant, and acquired it as such.

"2013 Highest 348"

3. On November 20, 2012, the Defendant, at around 22:30, posted an article on the Internet site “C” to the effect that the victim F would purchase cot, and concluded that the Defendant would contact the said victim and send the money to the Fund.

However, since the above victim did not have a cot for sale, the above victim did not have an intention or ability to sell cot.

Nevertheless, as above, the defendant deceivings the above victim and received 144,000 won from the above victim's account under the name of the defendant.

Summary of Evidence

[2013 Highest 807]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Transfer certificate;

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