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(영문) 서울중앙지방법원 2014.01.15 2013고정3009
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, around September 17, 2012, posted a letter of access to the Internet NAB and 501, which is his/her domicile, to the Internet NACD account and sold 23 PC monitors, and decided to sell the said goods to the victim E who called.

However, since the defendant did not possess the above goods, there was no intention or ability to sell the above goods to the victim.

Nevertheless, the Defendant, as mentioned above, received KRW 130,00 from the victims a total amount of KRW 90,000 from the victims nine times, such as deceiving the victims and remitting KRW 130,00 to the account of community credit cooperatives (F) in the name of the Defendant on September 18, 2012, and acquired pecuniary benefits equivalent to that amount.

On November 2012, 2012, the Defendant, “2013 High 3010,” had access to the Internet net C site in Gwanak-gu, Seoul Special Metropolitan City, the domicile of his/her police officer, and posted a letter on the bulletin board that he/she sold the lebs.

However, the Defendant did not have any intention or ability to sell the said goods, and did not possess the said goods.

Nevertheless, the Defendant, who reported the above writing, sold the above goods in KRW 1.30,00 won to the victim G who received the above goods from the victim on November 23, 2012, and acquired the money by transfer of KRW 1.30,000 from the victim’s name bank account on November 23, 2012, and then received the money from the victims in total of KRW 1,471,00 from the victims on 11 occasions from the time to the 26th day of the same month, as shown in attached Table 2.

Around September 23, 2012, the Defendant posted a false advertisement on the Internet website “H” bulletin board, stating that “If you send KRW 68,000 to the victim I who reported and contacted, you will send the film DVD on a selective basis.”

However, even if the defendant receives the above money, he send motion picture VDs.

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