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(영문) 수원지방법원 2013.07.17 2012고단4360
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall obtain money from C who is an applicant for compensation 260,000 won, and D who is an applicant for compensation.

Reasons

Punishment of the crime

[2012 Highest 4360] On June 27, 2012, the Defendant stated that “F will deliver Samsung Y2 mobile phones to the victim G who reported and contacted the article by putting the article on the phone page “E” in the Internet portal site’s “E”. The Defendant said that “F will sell smartphones, solar PCs, etc.”

However, the defendant did not have an intention or ability to sell the above Samsung Talle S2 mobile phone to the victim.

As above, the Defendant, by deceiving the victim, received KRW 190,00 from the victim to the Saemaul Bank account under the name of the defendant on the same day, as the purchase price for the mobile phone from around that time to August 6, 2012, and acquired KRW 9,273,50,00 in total as the purchase price for the mobile phone or solar PC from the victims over 35 times in total, as shown in attached Table 1 of the Crimes List from around that time.

[2013 Highest 2030 [Defendant] On March 17, 2013, at the Defendant’s home located in Suwon-si, Suwon-si, H, the victim I called “to purchase Kameras,” which the victim I opened on the Internet E-site, by phoneing to the victim, that “I will sell 270,000 won of 2,75,000 won of Kameras if you transfer Kameras,” and that “I will send Kameras if you receive Kameras to transfer the balance.”

However, there was no intention or ability to sell Kameras, as the defendant was not holding a Kameras and was planned not to send Kameras with only the price received, and therefore there was no intention or ability to sell Kameras.

Around March 18, 2013, the Defendant, by deceiving the victim as above, received 75,000 won from the victim, from the victim, as a advance payment, and acquired it by deceiving the victim.

[2013 Highest 2049] The Defendant sold mobile phones on the Internet evaded site “Nber E” bulletin board at an irregular place on March 2, 2013.

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