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(영문) 수원지방법원 성남지원 2017.11.22 2017고단1361
사기
Text

1. The defendant shall be punished by imprisonment for two years;

2. Compensation order;

A. The Defendant shall obtain money from the applicant C to the applicant C, 15.2 million won.

Reasons

Punishment of the crime

On April 19, 2017, the Defendant, at the Defendant’s residence located in Gwangju-si BE, posted a letter stating that “to sell cultural merchandise coupons” on the bulletin board using a computer, and reported it to the victim AT, who visited the victim AT, “to send merchandise coupons first on the face of the price.”

However, as the defendant did not own merchandise coupons, the defendant did not have intention or ability to sell merchandise coupons even if he received the payment from the injured party.

As such, the Defendant, by deceiving the victim, received 400,000 won from the Saemaul Treasury account (Account Number BF) in the name of the Defendant on the same day from the victim, as the price for gift certificates, and received 77,080,000 won in total from April 3, 2017 to April 26, 2017 in the same manner from April 3, 2017 to April 26, 2017.

Around April 27, 2017, the Defendant stated that “The Defendant would deposit KRW 465,000 in the four accounts immediately,” on April 27, 2017, at the Defendant’s residence located in Gwangju-si BE, through the Kakao Stockholm, the victim BG using a portable phone to change the 10-fin number of KRW 50 million cultural gift certificates.”

However, the Defendant had no intention or ability to deliver 465,00 won to the victim even if the Defendant received 10 Fin numbers from the victim of culture gift certificates from the victim in 2016 without any specific occupation or any particular property, to purchase cultural gift certificates at a discount of 93% from the victim at a discount of 80% at its face value, and used them at a discount of 80% at its face value, and used them as a living expense, etc. for the purchase of cultural gift certificates.

The defendant deceivings the victim and is under his control.

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