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(영문) 인천지방법원 2019.08.29 2018고단4530
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around January 11, 2018, the Defendant posted a false statement on the Internet B website bulletin stating that “The three-stage distribution of AMma will be made,” and that the Defendant would immediately send six-stage distribution of AMma to the victim C who has contacted the victim by making a false statement on the deposit of cash.

However, the defendant did not have any intention or ability to send the kind of oil according to the promise even if he received the payment, because he did not have any intention or ability to send it, because he had made a false publication due to the rapid need of living expenses.

Nevertheless, the Defendant, as such, deceiving the above victim and received KRW 100,00 from the D Bank account (Account Number: E) in the name of the Defendant from the victim, as well as from August 8, 2017 to May 5, 2018, shall be corrected ex officio as follows: Provided, That the phrase “. 014. 27. 201” in the column of the date and time of the crime in attached Table 8 is a clerical error in the attached Table 8, and the phrase “. 04. 12. 04. 08. 08. 08. 208” in the column of the crime in attached Table 11, the phrase “from August 08, 2017 to October 31, 2017” is a clerical error, and thus, shall be corrected ex officio.

In 23 times, a total of 2,878,00 won was acquired from victims, respectively.

"2018 Highest 663"

1. On October 11, 2017, the Defendant made a false statement that “F,” which is a trading site for goods for young children, sells to victims G (n, 30 years of age)”.

However, even if we receive money, we did not have the intention or ability to sell the money.

As such, the Defendant, by deceiving the victim, received 69,000 won on the same day from the victim’s H association account (Account Number: I), and received 30,000 won on October 20, 2017, respectively, and acquired 99,000 won in total from the victim.

2. On October 18, 2017, the Defendant made a false statement that “F will sell milk to the victim J (Y, 25 years of age)” at “F, a trading site for goods for young children.”

However, even if we receive money, the intention or ability to sell the share.

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