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(영문) 수원지방법원 2017.10.19 2017고단4649
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 24, 2016, the Defendant stated that “Around October 24, 2016, the Defendant would deposit KRW 5,000,000 on a face-to-face transfer of KRW 170,000,000 on a face-to-face transfer of KRW 170,000.”

However, the defendant did not have the intention or ability to pay 5,000,000 won to the victim even if the victim pays the small amount.

The Defendant: (a) deceiving the victim as above; (b) caused the victim to settle the “proshed 2-2, SUV/RV” product in the amount equivalent to KRW 490,000,000, which is sold at the Coup Stick site on the same day; and (c) revoked the product and received a refund of KRW 170,000 from the victim to the national bank account in the name of AD; and (d) acquired a total of KRW 660,000,000 from the victim to the bank account in the name of BM.

On October 16, 2016, the Defendant sent a Facebook message to the victim BN, who reported and contacted loan advertisements posted by the Defendant in the UPC room located in Sungnam-si T on October 23:00, 2016, stating that “A small amount of settlement approval number received from the cell phone that would cause loan to be obtained” was changed.

However, in fact, the defendant found the approval number necessary for the settlement of small amount from the injured party and prepared cash through the small-sum cashing business operator, and tried to use it as entertainment expenses, etc., and did not have the intent or ability to pay the loan to the injured party.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) identified the serial number of the settlement of small amount from the victim; (c) let BO, a business operator of settlement of small amount of money, purchase 500,000 won at the website of the above certification number using the above certification number; and (d) 350,000 won as the price for digitization.

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