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(영문) 수원지방법원 2017.12.19 2017고단834
사기등
Text

1. The defendant shall be punished by imprisonment for a period of two and a half years and a fine of one thousand won; and

2. The above fine shall not be paid by the defendant.

Reasons

Criminal facts

1. On October 22, 2016, the Defendant posted a false statement to the effect that “The Defendant will send money to the victim BD,” who reported and contacted, by accessing the Internet website using smartphones, at the Defendant’s residence located in the wife population at Chicago-si, the Defendant sent a false statement to the effect that “The Defendant will send money to the Defendant.”

However, the Defendant did not have the goods at the time of sale, and was thought to use the goods for living expenses with the money from the injured party, so there was no intention or ability to sell the goods to the injured party from the beginning.

Nevertheless, the Defendant, as seen above, received 400,000 won in total from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day from the victim, and received 10,200,500 won in total from around that time to January 11, 2017 from around 33 times, as described in the list of crimes in attached Table 1, respectively.

2. On December 15, 2016, the Defendant posted a false statement to the effect that “The Defendant will send money to the victim BF who reported and contacted,” by linking the Defendant’s home located in the wife population BE with a smartphone to the Internet opening site using a smartphone, and selling the computer traffic card.”

However, the Defendant did not have the goods at the time of sale, and was thought to use the goods for living expenses with the money from the injured party, so there was no intention or ability to sell the goods to the injured party from the beginning.

Nevertheless, the Defendant, as seen above, received the amount of KRW 390,000 from a national bank account under the name of the Defendant on the same day from a person who deceivings the victim, and accordingly, remitted the amount of KRW 390,000, from that time, as shown in the List of Crimes 2, until January 29, 2017.

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