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(영문) 인천지방법원 2019.06.17 2018고단2208

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 93,00 won to B who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

[criminal power] On December 23, 2016, the Defendant was sentenced to one year of imprisonment and four months of imprisonment for a crime of fraud in the Sungnam Branch of Suwon District Court on September 18, 2017, and completed the execution of the sentence in the female prison on September 18, 2017.

【Criminal Facts】

Around December 27, 2017, the Defendant posted a letter of “gallon No. 4” on CKaf D, and reported it to the victim E who contacted, “First of all, it would send smartphones to door-to-door.”

However, since the defendant did not have the above smartphone, there was no intention or ability to send the money even if he received the money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 103,00 from the victim, and then received KRW 2,850,000 from the victims 14 times from January 17, 2018, from that time, from which he received the remittance of KRW 103,00 from the victim.

around January 2, 2018, the Defendant posted a letter stating “F” website, which is a trading site of used goods at the Internet, and reported that “LGG 6 mobile phones are sold,” and that “If deposited KRW 250,000,000, the cell phone device is sent to the victim G.”

However, the defendant did not possess the above mobile phone devices and did not have any intention or ability to send money even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received 250,000 won from the victim to H account (I) in the name of the Defendant for the same day as the price for goods.

[2018 Highest 2762] The Defendant posted a letter on January 27, 2018, stating that he/she sold galthal juno Noon 5 mobile phones at FMM on a galthal 23:00, and transfers money to the victim J. who reported and contacted the said mobile phone with no intent or ability to deliver the said mobile phone even if he/she received money.