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(영문) 창원지방법원 2013.08.21 2012고단3570
사기등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 370,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. Fraud;

A. On May 8, 2011, the Defendant: (a) provided the victim’s Samsung Card (D) holding the victim’s Samsung Card on behalf of the Defendant; (b) provided 80,000 won services, etc. from the owner of the said store in the “E” on May 8, 2011; and (c) provided the said card to the owner of the said store as if the Defendant himself/herself was the lawful holder of the said card; and (d) provided the said card to the owner of the said store, the Defendant acquired the pecuniary benefits equivalent to the said amount by having the owner of the said store settle the account; and (e) obtained the pecuniary benefits equivalent to the said amount from May 8, 2011 to June 30, 2011 in the same way as indicated in the attached Table 1.

나. 피고인은 2012. 1. 26. 13:10경 불상의 장소에서 인터넷 네이버 ‘F’ 카페에 접속하여, 사실은 유모차를 판매할 의사가 없었음에도 게시판에 아기유모차(범블라이드 퀸비)를 37만 원에 판매한다는 거짓글을 게시하여 이를 보고 속은 피해자 B으로부터 피고인 명의의 경남은행 통장 계좌로 37만 원을 송금 받아 이를 편취하였다.

C. On February 23, 2012, the Defendant: (a) at the “H” office located in Kimhae-si G on February 12:3, 2012; (b) the Defendant, even if purchasing cosmetics, did not have the intent or ability to pay the price; (c) provided that “if selling class 10,000,000, other than LG cosmetics, would pay 50,000 won in monthly installments; and (d) obtained the said cosmetics from the victim and acquired them by deception.

The Defendant, at the same place as before February 27, 2012, at around 09:24, made a false statement to the said victim that “on the face of a week by mailing out cosmetics, such as Crene, by door-to-door mail, to the J in the border of North Korea, the Defendant would pay the price by credit card,” and then, the victim sent the cosmetic amounting to KRW 463,000 at the market price to the said J.

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