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(영문) 인천지방법원 2017.04.14 2017고단872
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, on January 5, 2017, at the Defendant’s home located in Jung-gu Seoul Metropolitan Government D or 306, sells “Pate 4” on the Internet bulletin board on the NAV “NER’s Republic of China”.

“To send 320,000 won to the victim E who reported and contacted the writing, “ will send f.m. 4” if you send 320,000 won.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any “provoking 4”, and the Defendant did not have any intent or ability to send “provoking 4” to the victim, on the ground that the Defendant had a debt equivalent to KRW 50 million without any specific occupation or special property, and was thought to be used as debt repayment, living expenses, etc. even if he received the payment from the injured party, and thus, he did not have any intent or ability to send it to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) received 320,000 won from the victim to the new bank account under the name of the Defendant on the same day from the victim; and (c) from that time, by deceiving the victims on 14 occasions until January 20, 2017, such as the list of crimes in the attached Table of Crimes, and received a remittance of KRW 6,805,80 in total as the price for goods.

Accordingly, the defendant was accused of victims 14 times in total, and received a total of 6,805,800 won as the price for goods.

around January 8, 2017, the Defendant: (a) around January 8, 2017, at the Defendant’s home located in Seoul Central Government D and 306; (b) via the Internet, sold Samsung Nowon-gu’s Kapet bulletin board “Seber’s Republic of Korea”.

The phrase " shall be posted," and the victim F who reported and contacted, shall send the price to the victim F, "on the first hand, on the one hand, the Nowon-gu will send it."

The phrase “ makes a false statement.”

However, in fact, the defendant did not have Samsung N&T and has no certain occupation or special property, as well as a debt worth KRW 50 million.

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