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(영문) 대구지방법원 2019.02.12 2018고단2156

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

A. Around July 8, 2018, the Defendant posted a letter stating that “Tho DDR4 lamps is sold by accessing the Internet L bulletin board,” and the Defendant received KRW 130,000 as the price for the goods from the P bank account (AL) established by the Defendant from the victim who believed that he/she would deliver the money to the account.”

However, the defendant did not have Samsung DDR4 lamps, so even if he receives the payment from the victim, he did not have the intention or ability to send the goods to the victim at the time.

Accordingly, the defendant was given 130,000 won by deceiving the victim.

The Defendant, on May 2, 2018, posted a letter on May 2, 2018, 2018, stating that “The Defendant, at the Daegu Dong-gu, Daegu-gu’s residence, published a computer to access the Internet AB L car page and sell computer parts, and reported it to the victim AM, who had contacted with it, made a false statement that “The Victim AM, who was in contact with the Defendant, sells d-4-8gbbb* 143,00 won for 143,00 won” as mobile phone text messages.

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to sell the above parts.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 143,00 from the victim to the AE bank account in the name of pro-GuN on the same day.

"2018 Highest 4077"

1. On July 6, 2018, the Defendant posted a false statement on the crime against the victim AO that “On access to the Internet AB car page and sell DDR 8GB” using a computer at the Daegu-gu F apartment, Daegu-gu, and the residence located in G, and that “The Defendant sells 65,000 won, for three mobile phone text messages to the victim AO who reported and contacted it.”

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to sell the above parts.

Nevertheless, the Defendant is the victim as above.