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(영문) 광주지방법원 순천지원 2012.09.25 2012고정592
사기등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won shall be converted into one day.

Reasons

Criminal facts

1. Fraud;

A. On March 27, 2011, around 15:00 on March 27, 201, the criminal defendant against the victim B posted a letter stating that “D” proxy driving company office located in Seocho-gu Seoul Metropolitan Government “D” (hereinafter “E”) access to the Internet NAV car page to sell a heavy cell phone,” and then, the criminal defendant against the victim B who reported it will send the cell phone to the victim B who contacted with the victim B “on his/her phone transfer one million won.”

“The Defendant sent text messages. However, the fact that the mobile phone that the Defendant sold was lost from the owner of the mobile phone, and thus, the Defendant did not have any intent or ability to sell the mobile phone that the victim would normally use even if he received the sales amount from the victim. The Defendant, by deceiving the victim, received KRW 100,000 from the Defendant’s dynamic integrated financial account (F) around 20:03 of the same day. B. On July 15, 2011, the Defendant, as to the victim G, was sent KRW 10,00 from the Defendant’s dynamic integrated financial account (F) in the name of the Defendant. The Defendant, at around 14:00 on July 15, 201, was connected to H’s AD (ID) car page, and sold the Internet Nene 2.

“After posting a notice of the content,” the victim G who reported it, said that “on the first transfer of KRW 500,000,000,000 to the victim G, the victim G would send the ID 2 as a door-to-door.”

However, since the victim did not have a mobile phone, even if he received money from the victim, he did not have the intention or ability to sell the victim's 2 mobile phone.

As such, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the single bank account (J) under the name of the Defendant on the same day.

2. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information network.

The above 1-B.

The consent of the victim H is obtained at the same time and at the same place as the paragraph.

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