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(영문) 의정부지방법원 2018.06.14 2018고단480

사기

Text

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

The defendant shall pay 230,000 won to the applicant for compensation.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in order to be sentenced to imprisonment with prison labor for a period of one-year period of imprisonment for a crime of fraud, and the said judgment became final and conclusive on November 7, 2015.

On June 10, 2016, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud at the District Court for the purpose of fraud, and on September 15, 2016, the above suspended sentence was invalidated on August 14, 2017, and the period of parole expired on November 22, 2017.

The Defendant, on October 27, 2017, “2018 Highest 480,” sells heavy fishing products sales boxes at the “DPC room” located in the Do Government-si C on October 27, 2017.

“After posting a notice on the content of “,” the victim who reported it to the effect that he/she would send the said fishing products to the Defendant’s account if he/she deposits money with the Defendant.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send the above fishing products.

Defendant deceiving the victim as above and received KRW 143,00 from the victim’s new bank account under the name of the Defendant on the same day from the victim, and from that time until January 25, 2018, the Defendant acquired 4,584,000 in total over 21 times, as shown in the attached Table 1 in the following manner, from January 25, 2018.

On December 5, 2017, the Defendant posted a letter of sale of skiing goods on the Internet NAVER’s website on December 5, 2017, and falsely read that “on the face of money, you will send skiing goods to the victim N to send money.”

However, at the time, the defendant did not have any intention or ability to send skiing products even if he received money from the injured party.

The defendant deceivings the victim as above and receives 430,000 won from the victim's Kakao Bank (O) under the name of the defendant, and from that time until January 22, 2018, the defendant extended five times in total from that time to January 22, 2018.