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(영문) 수원지방법원 2014.01.10 2013고단5779
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[2013 Highest 5779] On November 12, 2012, the Defendant made a false statement to the effect that the victim DI posted a letter “I ambling off the Afiner Kaza on the Internet NVber Kara bulletin board” and that “I will sell the Afin 100,000 won by phone to the victim. I will send the object at the pre-paid 100,000 won.”

However, since the defendant did not possess the above spread, there was no intention or ability to sell the goods even if he received the price for the goods from the victim.

The Defendant received KRW 100,00 from the victim to the Nong Bank (AH) account in the name of H on the same day, and acquired money by fraud from the victim on June 4, 2013, and received KRW 1,054,000 in total as the price for the goods from the victims on five occasions, as shown in the attached list of crimes.

[2013 Highest 5977] On June 16, 2013, the Defendant: (a) stated that the victim DJ puts up a letter “I would want to purchase 100,000 IP 70,000 won on the Internet Nene Pene,” and (b) called that “I would send a tag to the victim. I would like to send it on the part of the day on which I would like to send it,” by phone to the victim; and (c) I would like to play on the sea as on the Masday, and thereafter, (d) I would like to send a tag to the Ada on the part of the city on the day.”

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

Nevertheless, the defendant deceivings the victim as such and acquired 80,000 won from the victim to the corporate bank account under the name of the defendant.

[2013 Highest 6043] On May 18, 2013, the Defendant sent a false statement to the victim DK as if it were sold the 200,000 won, even though the Defendant did not have any intent and capacity to sell the game machine, by accessing the Internet on the website.

The Defendant is the victim as above.

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