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(영문) 서울북부지방법원 2018.07.12 2017고단4548
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2017 Highest 4548] On May 10, 2017, the Defendant puts up a notice on selling things, such as visibility, clothes, and shoes, at the scambling site of smartphone B, and then, reported the notice to the victim D who contacted with the notice, “on the deposit of the price, the goods shall be sent directly to the scambing at the face of the week.”

The phrase “ makes a false statement.”

However, since the defendant did not possess the above goods at the time, even if he received the sale proceeds from the injured party, he did not have the intention or ability to immediately send the above goods.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 1,996,000 from the victim’s mother to the F Bank account in the name of E (Account Number G) by the Defendant’s mother; and (c) received a total of KRW 2,910,000 from the victim to August 6, 2017, as indicated in the List of Crimes in the Attached Crimes.

[2017 Highest 4965]

1. On June 27, 2017, the Defendant sold golf wale and bags in wholesale to smartphone C in the lusular area.

‘I write this article and then report this article to the victim H who made the contact with the victim H, “I will send the article immediately to the door-to-door.”

The phrase “ makes a false statement.”

However, since the defendant did not possess the above goods at the time, even if he received the sales proceeds from the injured party, he shall immediately send the above goods.

there was no intention or ability to act.

The Defendant, as such, by deceiving the victim, was transferred KRW 204,00 to the I account under the name of the mother of the Defendant, on the same day from the injured party.

2. On August 28, 2017, the Defendant sent a photo to the victim J of the article to B, and false statement stating that “The Defendant would send the article upon advance payment to the victim J of the article.”

However, the defendant does not possess the above objects at the time, so even if he receives the sales proceeds from the injured party, the above objects are also considered.

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