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(영문) 대전지방법원 2017.04.19 2016고단4334
사기
Text

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

Reasons

Punishment of the crime

On December 16, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court, and three years of suspended execution, which became final and conclusive on December 24 of the same month, and is currently under the grace period. On December 9, 2016, the Defendant filed an appeal with the Daejeon District Court for one year of imprisonment for fraud, and is still pending in the appeal trial.

Criminal facts

[2016 Highest 4334] On June 4, 2016, the Defendant posted a notice to the effect that “to purchase merchandise coupons” by accessing NAVV to a foreign car page, and said, the Defendant said that the Defendant would deposit money when sending a cultural merchandise PIN number to the victim AR who contacted with the report.

However, the fact is that the defendant received cultural merchandise PIN number from the injured party, and planned to use it as living expenses, etc. after resale or exchange it. Thus, the defendant did not have the intent or ability to pay the price of merchandise coupons to

Nevertheless, the Defendant obtained property benefits equivalent to KRW 50,00 at the market price as it did not pay the price even after being transmitted the PIN number from the victim's cell phone (AS) from the victim, and acquired property benefits equivalent to KRW 1,694,000 in total on 17 occasions from around that time to August 8, 2016 in the same manner as indicated in the attached crime list.

[2016 Highest 4422] On July 15, 2016, the Defendant visited the Internet in the middle and high country car page in the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu. In order to purchase the Defendant’s merchandise coupon.

“After posting this writing, I told the victim AU who reported and contacted this, “I would pay the price when you send the gift certificates PIN number.”

However, in fact, the Defendant did not have any intent or ability to pay the price for merchandise coupons to the victim, since the Defendant received transmission of merchandise coupons PIN number from the damaged party and planned to use it for living expenses, etc.

The Defendant is identical to this.

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