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(영문) 서울동부지방법원 2016.10.20 2016고단1621
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

I. 2016 Highest 1621

1. Around December 28, 2015, the Defendant, at the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, 101 Dong 1904, posted a false statement on the Internet NAV “E” bulletin board, stating that the Defendant would deliver the goods to the Defendant C who visited the victim C with the “F” message, by sending KRW 200,000 to the national bank account (F).

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the goods.

The Defendant, by deceiving the victim as such, received KRW 200,00 from the victim’s account in the name of the Defendant on January 11, 2016.

2. On March 10, 2016, the Defendant, at the victim’s home, posted a false statement on the Internet NAV “E” bulletin board, stating that the Defendant would deliver approximately KRW 1.50,000 to the Korean bank account (F) message to the victim who reported and contacted the said statement.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the goods.

The Defendant, by deceiving the victim as such, received KRW 150,00 from the victim to the national bank account under the name of the Defendant on the same day.

Ⅱ Around December 10, 2015, the Defendant made a false statement that “I, at the point of “I” coffee shop in Gwangjin-gu Seoul Special Metropolitan City, lend money to the Victim K for the payment of interest on bonds, I would pay off the installment savings with the maturity of February 2016.”

However, the defendant should pay approximately KRW 500,000 per month interest on the debt from the second financial right, and even if he/she borrows money to the victim due to the absence of installment savings.

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