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(영문) 의정부지방법원 2018.01.16 2017고단1645
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, on February 19, 2017, sold Cheonger and robot cleaning equipment from the Defendant’s house located in Ma-si P on February 19, 2017 to the Internet Nenebber B ( Q).

“To send the robot cleaning machine to the victim R who prepared a notice and reported and contacted the above writing.”

“A false representation was made.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send the robot cleaning machine.

Nevertheless, the Defendant, as seen above, received KRW 240,00 from the injured party to the Agricultural Cooperative Account under the name of S on the same day, and thereafter, received total of KRW 8,281,000 from 34 victims by February 28, 2017, as shown in attached Table 1 of the List of Crimes, from that time.

The Defendant, on December 3, 2016, posted a notice to the effect that “Before running a joint purchase of Blue Water Stickers and directly trade with a local distributor” on the Internet Nene’s bulletin board, “Blue Republic of China”, the Defendant sent to M who visited M who sent money to him/her on the mid-term order of January 2017.”

The phrase “the expression was made in falsity.”

However, in fact, the defendant was thought to receive the price for the goods for personal purposes in a situation where he did not have any other self-sufficiency, and was in a situation where he did not secure customers, etc. to proceed with the joint purchase, so even if he received the price for the goods from the injured party, he did not have the intention or ability to sell

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 240,00 to the Agricultural Cooperative Account (T) in the name of the Defendant on the same day from the victim, as well as who pretended to sell jointly purchased goods using the Internet website from the time to February 15, 2017.

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