(영문) 청주지방법원 2015.10.29 2015고단1081

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(영문) 청주지방법원 2015.10.29 2015고단1081

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The defendant shall pay 1,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[2015 Highest 1081] On April 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Cheongju District Court on April 17, 2014 and completed the execution of the sentence on January 10, 2015.

1. The Defendant, who posted an article to purchase goods on the Internet website in order to punish living expenses, etc., was willing or ability to sell the pertinent goods, and had no intention or capacity to sell the said goods, and was willing to acquire money and valuables by means of receiving remittance of the price of goods, etc. as if they were sold.

On February 4, 2015, the Defendant made a false statement to the effect that the victim D would purchase smell and human morality in the Internet Neneber “Saeatra,” and that “The Defendant would sell the victim’s mobile phone (number: F) using the mobile phone (number: G) in the name of E used by the Defendant, and would sell the victim’s mobile phone (number: G) with the victim’s mobile phone, thereby selling the cost and smell amount of KRW 200,000,000,000,000,000,000 won.”

However, as the Defendant did not have the smell and morality, the Defendant did not have any intention or ability to sell the smell and morality.

The defendant received 200,000 won from the victim to the account of community credit cooperatives (I) in the name of H used by the defendant as the price for goods at around 12:12 on the same day.

In addition, the Defendant received a total of KRW 12,89,800 from 49 victims on a total of 49 occasions as shown in the attached crime list 1 by stating that “The Defendant would send money to the owner of the goods on the Internet site by reporting the victims’ writing that he/she would purchase the goods on the Internet site from the above date to June 13, 2015,” such as text, telephone communications, etc.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

[2015 Highest 1459]

2. The Defendant, around April 19, 2015, at the home of the Defendant, who is in the jurisdiction of the Sinju-si, Cheongju-si.

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