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(영문) 의정부지방법원 2014.02.13 2013고단2264
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 1.3 million won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On June 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a year and six months and a fine of four million won in the Daejeon District Court for fraud, etc. and completed the execution of the above imprisonment with prison labor on March 29, 2013.

[2013 Highest 2264]

1. The Defendant did not have the intent or ability to send a mobile phone even if receiving money from the victim D. However, on May 8, 2013, the Defendant, at the Defendant’s house located in the E-building 3 Dong 1501, Dong 3, Dong 2013, access to the Internet NAVER’s website using smartphones, and the victim D posted on the said website, saying, the Defendant reads to the said victim D that “I wish to transfer KRW 450,000 won to the said mobile phone after the deposit confirmation,” and then, the Defendant acquired it by receiving KRW 450,000 from the victim to the Defendant’s agricultural bank account (F) on the same day on the same day.

[2013 Highest 2696]

2. Even if the Defendant received money from the victim G, the Defendant did not have any intent or capacity to sell the clothes item, and visited the victim G by using a computer at the Defendant’s house located at 3 Dong 1501, Dong 3, Dong 1501, the Defendant received money from the victim G, and then received money from the victim as if he would have received money from the victim and received money from the victim, and received money from the victim as if he/she sold the items, and acquired money from the victim via the Defendant’s agricultural bank account (Account Number F) for the 90,000 won as the price of the clothes item.

3. Even if the Defendant received money from the victim H, the Defendant did not have the intent or ability to sell Arabics. On July 16, 2013, the Defendant’s home connects the victim H to the “online Game” by means of a computer from the said Defendant’s home to “the online game”, and then, did so with the victim’s intent to buy a conversation with the victim H, and then would have sold Arabics upon receiving payments from the victim.

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