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(영문) 인천지방법원 2017.01.13 2016고정713
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 26, 2014, the Defendant stated that the National Assembly Library of the National Assembly located within the headquarters of the Yeongdeungpo-gu Seoul Metropolitan City National Assembly as the doctor of Yeongdeungpo-gu National Assembly, published a false statement on the Internet portal site that “the Defendant would sell a medium phone component” on the Internet portal bulletin board of the Republic of Korea, and that “the Defendant would transfer money to a post office account to send a main unit by sending money to a post office account” to the victim B who reported the above bulletin.

However, the defendant did not possess the above goods, and the purpose of using the money transferred to the account was to use for the cost of living, so there was no intention or ability to deliver the agreed goods even after receiving the money from the injured party.

The Defendant received 28,00 won from the damaged person as the price of goods at around that time to the postal savings account (Account Number:C) in the name of the Defendant.

As a result, the Defendant, by deceiving the victim, was given KRW 28,00 from the victim.

2. On August 18, 2014, the Defendant: (a) published a false statement on a PC room in which it is impossible to identify the trade name located in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) on a medium country’s bulletin board, “gallon 3 LTE pop ju in the gallon; and (c) sent money to a post office account to the victim D who reported and contacted the above notice to “on his/her own behalf of sending money to a post office account”.

However, on the grounds as described in paragraph 1, the Defendant did not have any intent or ability to deliver the agreed goods despite receiving the money from the injured party.

The Defendant received 300,000 won from the damaged person as the price for the goods at around that time to the same postal savings account as described in paragraph (1).

As a result, the Defendant, by deceiving the victim, received 300,000 won from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. D’s petition.

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