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(영문) 대전지방법원 2014.04.01 2013고단4975
사기
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013 Highest 4975] On March 29, 2011, the Defendant was sentenced to imprisonment with prison labor for habitual fraud, etc. at the Jeonju District Court on March 31, 201, and completed the execution of the sentence in the Jeonju Prison on March 31, 2012.

On October 9, 2012, the Defendant, by accessing C, a website, posted a letter on the said website, stating that “The gallonian smartphone is sold,” and the Defendant’s false statement was “The Defendant would send smartphones to the Defendant, if the Defendant confirmed the above writing and phone calls, if the Defendant sent 3.50,000 won of the smartphone first.”

However, since the defendant did not have smartphones to sell the victim, there was no intention or ability to sell smartphones.

As above, the Defendant, by deceiving the victim, received 350,000 won from the victim to the Korean bank account (E) in the name of the defendant, who is the defendant's pet, and acquired it through deception, and then acquired 2,670,000 won in total from the victims over 11 times from that time to December 11, 2012, as shown in the crime list.

[2014 Highest 162] On July 20, 2012, the Defendant had access to “F”, a website, published a false statement on the said website that “F sells gallon S2 smartphones,” and that “If the Victim G confirmed the above writing and phone phone calls to the Defendant, the Defendant would send the smartphone to the Defendant at his/her home if he/she sent 2.50,000 won of the smartphone to the Defendant.”

However, since the defendant did not have smartphones to sell it to the victim, the defendant did not have any intention or ability to sell it.

As above, the Defendant, by deceiving the victim, received KRW 2.50,00 from the victim to the Agricultural Cooperative (H) account in the name of the Defendant, and acquired it by money, and then acquired KRW 3,230,000 from the victims over 12 times from the time to December 13, 2012, such as the statement in the attached crime list.

[2014 Highest 72] Defendant

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