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(영문) 부산지방법원 2013.08.08 2013고단2871
사기
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall pay 24 million won to C who is an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On February 26, 2012, the Defendant posted a notice to the effect that he sells various merchandise coupons at a discounted price by 20%, on the Internet E-site bulletin board, stating that “The Defendant is bound to receive the merchandise coupons, SK's merchandise coupons, and GSS's merchandise coupons.”

However, the fact is, however, that the defendant used the so-called "fashive mode" method to purchase merchandise coupons to be paid by another merchandise coupon purchaser with the price of the merchandise coupons transferred by the purchaser, and was the structure to purchase merchandise coupons at a price higher than the selling price, so there was no intention or ability to send merchandise coupons even if the defendant receives merchandise coupons from the victims because there was no profit structure or property to cope with the merchandise coupons, and there was no profit structure or property to cover these deficit.

Nevertheless, the Defendant made a false statement to the effect that “the Defendant will forward money and sell gift certificates on the face of the week” to the victim F, who had contacted with the Defendant to purchase gift certificates with genuine belief of the above posted statement, and that it received KRW 10 million from the victim to the bank account under the name of the Defendant as the price for gift certificates around March 6, 2013, and that it received KRW 10 million from the victim as the price for gift certificates, as shown in the list of crimes, the same year thereafter.

5. Until February 2, 200, a total of 652,124,400 won was remitted from 38 victims through the bank account and the national bank account in the name of the defendant through the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, I, J, K, L, M, F, N,O, and P;

1. Each written statement of Q, R, S, T, U, V, X,Y, Z, AA, AB, AC, AD, and AE;

1. Each complaint;

1. Application of each relevant statute;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code among concurrent crimes.

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