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(영문) 부산지방법원 2015.07.14 2015고단247
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to one year of imprisonment or three years of suspended execution due to night building intrusion, larceny, etc., and the above judgment became final and conclusive on January 24, 2015.

1. Around August 19, 2014, the Defendant stated that “Around August 19, 2014, the Defendant would send mountain milk to the victim B, who had access to the DPC located in Busan, Busan, to the Internet site, posted a notice to sell mountain milk on the bulletin board, and reported it to the victim B.”

However, as the defendant did not have a pro rata share, there was no intention or ability to send the goods even if he receives the payment from the victim.

The defendant received 120,000 won from the victim to the Busan Bank account in the name of E in the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 25, 2014, the Defendant: (a) connected to the DPC bank located in Busan, Busan, the Busan, by inserting a notice on the Internet website to sell an NA5-2500 SSDR computer on the bulletin board; and (b) reported it to the victim F, who had contacted with the victim F, “I will send the Switzerland tower to pay KRW 3.40,000 to the victim F.”

However, as the defendant did not have the above computer, there was no intention or ability to send goods even if he receives the payment from the victim.

The defendant received 340,000 won from the victim to the Busan Bank account in the name of E in the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. A detailed statement of deposit, a notice of a second class, letters, details of transfer, a statement of account transfer, a meeting to inquire into the details of account transactions, a photograph of CCTV at each withdrawal, and a written confirmation of the results of transfer

1. A previous conviction in judgment:

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