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(영문) 의정부지방법원 고양지원 2014.03.28 2013고단705 (1)
사기
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2013 Highest 705]

1. On October 5, 2012, the Defendant: (a) stated the victim D’s phrase “intending to purchase a non-business game machine; and (b) contacted the victim to sell the game machine to 2.60,000 won.”

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the goods to the victim.

Nevertheless, the Defendant, as seen above, received 260,000 won from the victim to the post office account (F) in the name of the Defendant’s mother-friendly E from the victim on October 8, 2012, and acquired it by fraud, and as indicated in the separate crime list, acquired the total amount of KRW 586,00 through six times from that time to December 17, 2012.

[2013 Highest 979]

2. On March 25, 2013, the Defendant: (a) called “G” online game site that read “G”; (b) the Defendant: (c) transferred KRW 33,000, including the cost of home-based distribution, to Lone Star 2 Extension Factors.”

However, even if the defendant received money from the victim, he did not have the intention or ability to sell the goods to the victim.

Nevertheless, as seen above, the Defendant, as indicated in the attached Table of Crimes (2), acquired KRW 33,00 from the victim to the Agricultural Cooperative (J) account in the name of I on the same day, and acquired KRW 754,00 from around that time to April 6, 2013, by transfer, and acquired KRW 754,000 in total on seven occasions from that time.

[2013 Highest 1010]

3. On April 5, 2013, the Defendant would send the Netbook if he/she transfers KRW 45,00 to the Victim L, who met at the Internet K bulletin board.

"......"

However, even if the defendant received money from the victim, he did not have the intention or ability to sell goods to the victim.

Nevertheless, the defendant makes a false statement to the victim as above.

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