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(영문) 부산지방법원 2015.11.18 2015고단1181
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

[2015 Highest 1181] On October 7, 2014, the Defendant, despite having no intention or ability to send the goods promised to receive the goods in advance at an irregular place, obtained KRW 230,000 from the victim C who wants to purchase the said mobile phone from the victim C with the purchase price of the said mobile phone to the national bank bank account in the name of the Defendant, by means of the same method, such as taking over KRW 230,000 as the purchase price of the said mobile phone from the victim C in order to purchase the said mobile phone and taking over the said KRW 1,030,000 in total four times, as shown in the List of Crimes (1).

[2015 Highest 5193] On March 9, 2015, the Defendant posted a false statement to the effect that “S4 mobile phones are sold” on the Internet Nene “S4 mobile phones” bulletin board, and that “The Defendant would sell mobile phones at 15,000 won and send mobile phones at 15,000 won to the victim D who reported and contacted the Defendant.”

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to send the above mobile phone.

Around March 9, 2015, the Defendant received 155,000 won from the victim as the price for goods from an enterprise bank account (E) under the name of the Defendant and received the total amount of KRW 45,000 from around that time to March 14, 2015 by deceiving the victims by the same method three times in total, such as the list of crimes (2) as shown in the attached Table of Crimes (E).

Summary of Evidence

[2015 Highest 1181]

1. Defendant's legal statement;

1. Each statement in the preparation of C, F, G, and H;

1. A certificate of deposit, a public receipt, and a written confirmation of details of transactions (2015 high group 5193);

1. Defendant's legal statement;

1. Each statement prepared by D, I, and J;

1. Details of transactions of free savings deposits, confirmation of the results of electronic financial transfer, application of Acts and subordinate statutes on personal financial transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The Criminal Act among concurrent crimes.

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