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(영문) 광주지방법원 2016.08.31 2015고단4245
사기등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2015, the Defendant, “2015 Highest 4245,” sent 100,000 won KRW 348,00,00 to the victim D who reported and contacted the posting of a letter to sell merchandise coupons to the “highest and Highest countries” NAV, the Internet portal site,” a car page of the Internet portal site.

Note 1. The term ‘State' was expressed.

However, the defendant thought that he will receive money from the victim of the fact and did not possess merchandise coupons, so even if he received money from the victim, he did not have the intent or ability to send merchandise coupons to the victim.

The Defendant received KRW 348,00 from the victim to the account in the name of the Defendant on the same day as the price for merchandise coupons from April 12, 2015, from that time, and received KRW 5,870,000 in total as the price for the goods from the victims 15 times in total by the following methods:

2. On July 12, 2015, the Defendant stated that “The Defendant would send two copies of gift certificates of 100,000 won per lot store to the victim F, who reported and contacted the fact around July 12, 2015, using a cell phone at the Defendant’s dwelling place in Gwangjubuk-gu E-gu building 505, Gwangju, the Defendant posted a letter that “the sales of gift certificates of 170,000 won per lot store” on the Internet site using a cell phone at the Defendant’s dwelling place.

However, in fact, the defendant thought that he will receive money from the victim to use it as living expenses, etc., and there was no intention or ability to send merchandise coupons to the victim.

Around July 12, 2015, the Defendant was transferred KRW 170,00 from the damaged party to the Nonghyup Bank account in the name of the Defendant.

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

3. On March 13, 2015, the Defendant, “2015 Highest 4865,” written statement that he/she sold gift certificates to the “highest country” car page of NAVV, an Internet portal site.

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