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(영문) 수원지방법원 2015.10.21 2014고단5576
사기
Text

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 of the final judgment.

Reasons

Punishment of the crime

Around September 7, 2014, the Defendant sent a text message stating that “I will purchase an agricultural management machine” on the Internet NAVVanda Kafa Pon,” and “I will send the text message to the victim “I will send the goods if I transfer the price of the goods to five hundred thousand won.”

However, even if the defendant receives the price for the goods from the victim, he did not have an intention or ability to send the goods promised.

The Defendant received 50,000 won from the victim’s bank account (D) in the name of the Defendant.

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

Around September 3, 2014, the Defendant written a notice stating that “The victim E wishes to purchase 40 kinds of red moldss posted on the Internet website” at a non-permanent place on September 3, 2014. The Defendant called the Defendant’s false statement to the effect that “I want to send the red powder immediately to the victim when I deposit KRW 6,500 to KRW 40,000 for KRW 6,500 per class.” The Defendant called the Defendant’s false statement to the effect that “I will send the red powder immediately if I deposit KRW 6,500 to KRW 40,000 per class.”

However, the facts were that the defendant did not possess the molds, and even if he received money from the victim, he did not want to use it for the cost of living, but did not have the intention or ability to send it properly to the victim.

Nevertheless, the defendant deceivings the victim as above and is in the same month from the victim.

4. The person who received 260,000 won as the price for red molds and acquired it by fraud.

On November 5, 2014, the Defendant sent text messages to the effect that “to send things when sending money to a cell phone of the victim,” after finding out the phrase “to purchase breast-cars posted by the victim F on the Internet website by using a computer at a place not known to the Republic of Korea,” and then sending text messages to the effect that “to send things when sending money to the cell phone of the victim.”

However, the defendant is the victim.

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