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(영문) 창원지방법원 거창지원 2016.08.24 2015고단56
사기
Text

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

Reasons

Punishment of the crime

On July 27, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Ulsan District Court on July 27, 2012, and on December 18, 2012, the execution of the sentence was terminated at the Seongbuk Detention House.

【2015 Highest 56: (a) around 11:56, Feb. 15, 2014, the Defendant used a computer in the “D” room of the Victim C’s Operation in Chang-gun, Chang-gun, Chungcheongnam-gun, as if he would pay the price; and (b) around February 2014, the Defendant made a false statement to the effect that “The said victim was unable to pay taxes, and all accounts were suspended; and (c) the said victim entered the said money that should be cleared; (d) when entering the said money, the use fee, the purchase price of food beverages, the purchase price of tobacco, and the purchase price of tobacco will be calculated at one time; and (e) the purchase price of tobacco will be changed.”

However, in fact, the Defendant did not have an account whose taxes were in arrears and did not have any monthly income, and even if the PC usage fee and the purchase price of food beverages were traded on credit from the injured party, there was no intention or ability to pay the price.

As above, from February 15, 2014 to May 15, 2014, the Defendant acquired property benefits by deceiving the victim, thereby exempting the victim from paying the cost of using a computer equivalent to KRW 3,052,200 in total, while using the PC computer. The Defendant received delivery of the price of a cigarette equivalent to KRW 556,800 in total, and KRW 124,000 in total.

[2015 Highest 90] The Defendant sold mobile core chips on the Internet NAV (E) bulletin, because he/she did not have a core chip on July 10, 2013, and the fact that he/she did not have a core chip. Thus, notwithstanding that he/she did not have an intent or ability to sell the core chip.

“ ......”

Defendant would give money to the victim F who reported and contacted the above notice to the victim F, and would give the victim F chips.

In a false manner, 40,00 won was remitted from the damaged person to the new bank account in the name of the defendant, and from that time until July 12, 2013.

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