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(영문) 부산지방법원 동부지원 2017.11.22 2017고단1813
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. The Defendant shall take money by fraud to the applicant C, 230,000 won, and D.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud, etc. in the Busan District Court’s Dong Branch Branch, and on December 22, 2016, the said judgment became final and conclusive and is currently in the grace period.

On June 27, 2017, the Defendant stated that “Around June 27, 2017, the Defendant would sell the CPU, which is a computer component, by accessing a mobile phone from the Defendant’s home, N103 302, Ulsan-gu, Ulsan-do, N103 302, to the Internet and its website,” and that “Around June 27, 2017, the Defendant would send the CPU (I700 k for transfer of KRW 330,00,00 to the victimO who reported it.”

However, the defendant did not have the pertinent CPU, and even if he received money from the victim'sO as the CPU price, such as the defendant did not intend to deliver it, he did not have any intent or ability to sell the product.

As such, the Defendant, by deceiving the victimO, received KRW 330,00 from the victimO to the Busan Bank account (P) in the name of the Defendant, and received KRW 10,108,000 in total on 28 occasions from June 21, 2017 to July 25, 2017, as stated in the list of crimes in the attached Table.

On June 17, 2017, the Defendant: (a) connected the Defendant’s home located in Ulsan-gu N, Ulsan-gu to the Internet “China-high-tech car page”; and (b) contacted the victim G to the effect that “to purchase a computer traffic card” posted by the victim G, the Defendant would send the said computer traffic card to a door-to-door if he/she transfers the price of KRW 10,010,000 to the victim.”

However, the defendant did not hold the aforementioned computer traffic card, and there was no intention or ability to deliver it to the victim.

Accordingly, the Defendant deceivings the victim as above, and 10,000 won as the price for the aforementioned computer traffic card from the victim.

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