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(영문) 부산지방법원 2016.12.23 2016고정1266
사기
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

"2016 High Court Decision 1266"

1. On July 14, 2015, the Defendant, at the DPC bank located in the Busan Northern-gu, Busan Northern-gu, published a false statement on the “sale of smartphones (gallon No. 2)” to the online brokerage site opening, and reported the false statement on the “to send money to E to the victim E who contacted with the sale of money.”

However, the defendant had no intention or ability to send the above things to the victim even if he had already sold the above things to another person and received money from the victim.

The Defendant received KRW 50,00 from the victim to the account in the name of the Defendant (F of the Busan Bank) from the victim, from August 24, 2015, and received a total of KRW 475,000 from the time to August 24, 2015.

"2016, 2622"

2. On August 19, 2015, the Defendant posted a false statement to the victim G who reported and contacted by inserting an article that “The Defendant will send the money to the Defendant’s door-to-door dispatch of the money,” by accessing the Internet portal site NAVVV in the PC room located in the Seocheon-dong, Busan.

However, even if the defendant receives money from the victim, he did not have any intention or ability to send the above things to the victim.

The Defendant, from around August 22, 2015, received 90,000 won from the victim’s account (I of the Saemaul Bank) to H (I of the Saemaul Bank), and acquired 410,000 won in total on three occasions from August 22, 2015, such as the list of crimes (2).

"2016, 3749"

3. On August 21, 2015, the Defendant posted a notice on the “gallon-2 mobile phone sales” bulletin board on the website of used goods transaction sites on the Internet, and falsely read that “If sending KRW 73,000 won, the Defendant sent the gallon-2 Handphones to the victim J. who visited the Defendant.”

However, the defendant's above Handphones at the time.

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