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(영문) 창원지방법원 2015.04.07 2014고단3055
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Criminal facts

On December 11, 2013, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Changwon District Court, and the judgment was finalized on May 8, 2014. On November 25, 2014, the same court was sentenced to four months of imprisonment for fraud, etc. and eight months of imprisonment for fraud, etc. and the judgment became final and conclusive on March 5, 2015.

"2014 Highest 3055"

1. On May 9, 2014, the Defendant made a false statement to the victim C, who reported and contacted the lending advertisement posted by the Defendant on the Internet, stating that “I will return it in cash on the face of a small amount settlement instead of the small amount settlement.”

However, even if the mobile phone small amount settlement was made, there was no intention or ability to refund the cash that was promised to the victim.

The Defendant received from the above victim the cell phone number, resident registration number, etc. of the above victim's female-friendly Gu D from the above victim, and used it to settle the amount equivalent to KRW 120,000 from the Internet net set site to the above cell phone, and acquired pecuniary benefits equivalent to the above amount.

"2014 Highest 3411"

2. Around July 21, 2014, the Defendant posted a false statement on the Internet NAV online network in Ulsan-gu, Ulsan-gu, stating that “The Defendant would make a loan with a mobile phone small payment,” and that “the Defendant would make a cash refund upon paying a small amount of money if he/she pays off his/her mother gift certificates.”

However, even if the mobile phone small amount settlement was made, there was no intention or ability to refund the cash that was promised to the victim.

The Defendant had the said victim pay mobile merchandise in an amount equivalent to KRW 678,00 to the mobile phone of the said victim, thereby acquiring pecuniary benefits equivalent to the said amount.

"2015 Highest 48"

3. On September 5, 2014, the Defendant posted a letter stating “I will return the mobile phone to cash, excluding fees,” on the Internet NAV website at the Defendant’s residence located in Ulsan-gu, Ulsan-gu.

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