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(영문) 서울동부지방법원 2017.10.12 2017고단327
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 20, 2016, the Defendant, at the residence in Seongdong-gu Seoul, Seongdong-gu, Seoul around July 20, 2016, posted a false advertisement stating that “The Defendant will deliver a substitute charge to the victim who reported and contacted the false advertisement,” and “I will deliver a substitute charge when remitting KRW 140,000 to the victim C.”

However, the Defendant had repeatedly committed the Internet fraud since June 2014, and even if receiving the price for goods such as filling PCs from many and unspecified persons, it does not possess any things that can be sent to them on his/her own, and even if he/she wishes to avoid contact without sending the goods immediately after receiving the money from the victim, 140,000 won in the name of the victim who could be charged for the same day.

In addition, the Defendant, from February 28, 2016 to December 15, 2016, received KRW 2,466,000, by deceiving 14 victims over 15 times, as in the list I of crimes.

On December 31, 2016, the Defendant made a false statement to the effect that “I will send 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face 50,000 won of the face-to-face.”

However, even if the defendant receives the payment from the injured party, he/she shall obtain it by deceiving it and send goods that he/she has promised to use as money for illegal sports discussions.

There was no intention or ability to act.

Nevertheless, the defendant deceivings the victim as above and transferred 50,000 won to the Agricultural Cooperative Account (Account Number E) in the name of the defendant on December 31, 2016 as the price for the goods.

The defendant is above.

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