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(영문) 청주지방법원 2017.02.10 2015고단1644
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. All applications filed by applicants for compensation order shall be dismissed;

Reasons

Punishment of the crime

[Criminal Records] On November 27, 2014, the Defendant was sentenced to ten months of imprisonment due to fraud, etc. at the Cheongju District Court, and completed the execution of the sentence at the Cheongju Prison on February 13, 2015.

On August 10, 2016, the Defendant was sentenced to three months of imprisonment for fraud at the Daejeon District Court on August 10, 2016, and the said judgment became final and conclusive on December 30, 2016.

[2015 Highest 1644] Around June 2015, the Defendant posted a false letter stating that “The merchandise coupon shall be sold” by accessing the Seocho-gu J apartment and the Defendant’s house located in 3 Dong 502, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, and the Defendant’s house located in 3 Dong 502, using a mobile phone, and accessing the company’s used for trading of goods, and that “the merchandise coupon shall be delivered upon deposit of money” to the victim F who reported and contacted the above letter.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to sell merchandise coupons.

Around June 29, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 120,000 from the victim to the K account under the name of K for the purchase price of merchandise coupons; and (c) received money totaling KRW 2,590,00 from the victims over 13 times from around that time to July 9, 2015, as shown in the list of crimes in the attached Table.

[2015 Highest 1703]

1. On July 27, 2015, the Defendant would sell gift certificates to the department store stores on the Internet’s “openter” website at a around 27, 2015.

The phrase “after posting,” the victim L, who reported it, will sell the gift certificates in KRW 100,00 to the victim L.

The phrase “ makes a false statement.”

However, as the defendant did not have merchandise coupons, he did not have the intention or ability to sell it to the victim.

Nevertheless, the defendant received 100,000 won from the injured party to M account in M, and acquired the same amount of property profit.

2. On August 5, 2015, the Defendant would sell a heavy cell phone on the website referred to in paragraph 1.

“The victim N who reported and contacted the article after posting it.”

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