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(영문) 서울북부지방법원 2016.03.23 2015고단2182
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:00 on September 12, 2014, the Defendant posted a letter to the effect that “Aphone is sold to 565,000 won without an intention or ability to sell Aphones” on the bulletin board, which is a medium goods transaction site using Handphones in the vicinity of the Seocho-gu Seoul Seocho-gu New Distribution Complex.

Defendant 1 continued to sell Aphones to the victim B who immediately contacted the above notice.

In the same day, even though he/she sent to the victim a box containing call cans, plastic cans, etc. using an express bus door at the above terminal at around 16:28 of the same day, he/she sent a opon.

While making a false statement, the victim sent a photo of the baggage tag to Kakao Stockholm.

Around 16:39 of the same day, the Defendant deceivings the victim as above and was delivered 565,000 won to the corporate bank account (C) in the name of the Defendant.

Around 09:00 on April 2, 2014, the Defendant posted a letter to the effect that “I sell 5,300,000 won a cell phone of A.I.D. 6 cell phone of A.I.D. 5,30,00 won” on the bulletin board of “A.I.D.,” which is an online trading site of C. I would like to send A.I.D. 6,00 won to A.I.D. 5,30,000 won to A.I.D.’s Saemaul Cooperative Account (F) in the E’s name.

“A false statement” was made.

However, as the Defendant promised to the victim, the Defendant did not have any intention or ability to sell a 6-phone cell phone as above.

The defendant deceivings the victim as above and was transferred 530,000 won to the Saemaul Treasury Account in the name of the above E around 09:30 on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant, “2015 Highest 2417,” on December 10, 2014, refers to the Internet apps of the Highest Republic of Korea.

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