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(영문) 서울동부지방법원 2015.08.20 2015고단584
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On October 30, 2012, the Defendant was sentenced to six months of imprisonment and one year of imprisonment for a crime of fraud in Gyeyang Branch of the Suwon District Court, and was released on May 2, 2014 during the execution of the sentence, and the parole period expired on July 17, 2014.

Around December 21, 2014, the Defendant reported to the Defendant’s accommodation located in Ansan-si Da and 403, Ansan-si, Ansan-si around December 21, 2014, that “The Victim E wishes to purchase the clothes of the monet crowdfunding” posted on the Internet NAVV Gana, and said, “The Defendant will immediately deliver the proceeds of the monet to the Defendant at the time of receiving the payment.”

However, even if the defendant receives money from the victim as the price for clothes, there was no intention to deliver the clothes.

On December 22, 2014, the Defendant, by deceiving the victim as such, received KRW 90,000 from the victim the money for clothes from the bank account under the name of the Defendant as the payment for clothes and received KRW 900,000 from the victim to the bank account under the name of the Defendant, and received from January 6, 2015 the total sum of KRW 2.14,140,00 from the victim as shown in the crime list

Accordingly, the defendant acquired property by deceiving victims.

around 18:50 on December 5, 2014, the Defendant posted a notice to the Defendant’s dormitory located in Ansan-gu, Masan-si stating that he would sell Lunch Holdings on the Internet Nurier's bulletin board, and made a false statement to the Victim G who contacted with the notice, stating that “if he deposits in advance KRW 80,000,000, he will deliver the said goods.”

However, even if the defendant receives the transfer of the sales proceeds from the victim, he did not have the intention or ability to deliver the Lununununk trading.

Nevertheless, on December 5, 2014, the Defendant deceivings the victim as such and receives KRW 800,000 from the victim’s bank account (H) on December 5, 2014, and from that time until January 27, 2015.

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