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(영문) 창원지방법원 진주지원 2015.07.22 2014고단1126
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On November 13, 2013, the Defendant was sentenced to ten months of imprisonment for fraud in the Jinwon District Court’s Jinwon Branch, and completed the execution of the sentence in the Jinju prison on July 13, 2014.

[2014 Highest 1126] On August 28, 2014, the Defendant posted a letter to the effect that smartphones are sold to “D” a goods transaction site at the Defendant’s residence located in Jinju-si, Jinju-si, and the Defendant said that “I will send the goods if you send the price first.”

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

As such, the Defendant, by deceiving the victim, received KRW 270,00 from the victim’s account in the name of the Defendant on the same day, and thereafter received KRW 6,985,00,00 from the total five times from the victim, from November 20, 2014, including the amount of money transferred from the victim to the account in the name of the Defendant on the same day.

[2015 Highest 306] Around November 26, 2014, the Defendant posted a letter to the effect that the Defendant sold the Internet goods transaction site to NAV Kafa, an Internet goods transaction site, and then sent the price to the victim F who reported and contacted the above letter first.

However, the Defendant did not have the intent or ability to send the said goods even if he received the purchase price from the victim.

Around November 27, 2014, the Defendant, by deceiving the victim as above, received 330,000 won from the victim’s account under the name of the Defendant as the purchase price, from the victim, and received 3,917,000 won in total from the victim six times from that time to December 4, 2014, as shown in the attached Table 2.

[2015 Highest 508] The defendant is an Internet goods transaction site at the defendant's residence located in Jin-si, Jin-si around October 27, 2014.

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