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(영문) 광주지방법원 2015.11.18 2015고단2263

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court and 2 years of suspended execution, and the said judgment became final and conclusive on June 25, 2015.

The defendant of "2015 Go-Ma2263" did not have an intention or ability to sell a used mobile phone even if he/she is paid the price.

Nevertheless, on April 25, 2015, the Defendant posted the phrase “I will sell a mobile phone in the gallonland” to “I will sell a mobile phone in the gallon city,” which is a mobile phone, at around Gwangju (hereinafter referred to as “Seoul”), and reported this falsely to the victim C who had contacted the Defendant “I will create a heavy cell phone if I will send KRW 100,000,000 to the said victim’s bank account in the name of the Defendant on the same day.” Accordingly, the Defendant received KRW 10,000 from the said victim to the bank account in the name of the Defendant on the same day.

In addition to this, the Defendant, as indicated in the attached list of crimes, was released from April 23, 2015 to May 13, 2015 by deceiving the victims by the same method eight times, and received a total of KRW 561,000.

"2015 Highest 2687"

1. On May 21, 2015, the Defendant posted a letter, “I will sell a heavy cell phone” on a “number of apps,” which is a heavy trading app, at the end of Gwangju (hereinafter referred to as the “Sgal lugland”), and made a false statement to “I will sell one cell phone in the middle of galal lugland and one cell phone in the cost of KRW 40,000.”

However, since the defendant did not have a gallonland and a mobile phone, even if he received the price, he did not have the intention or ability to sell it.

Nevertheless, the defendant deceivings the victim as above and received 40,000 won from the victim's Gwangju Bank Account (Account NumberF) in the name of the defendant.

2. On May 2, 2015, the Defendant sold a heavy cell phone on the “number of lots”, which is a medium and high transaction app, in the irregular land around Gwangju and below Gwangju on May 22, 2015.