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(영문) 대전지방법원 천안지원 2013.12.12 2013고단1348

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around April 12, 2012, the Defendant posted a false statement stating that “The Defendant will send a telephone call to the victim C who reported the fact that the Defendant would first send the price,” using a computer set up on the third floor of the Central Library located in the Gangnam-gu Seoul Metropolitan Government. The Defendant sent a false statement stating that “The Defendant will send the phone call to the victim C who sent the price.”

However, the Defendant did not have a wired or wireless telephone, and was thought to use the money for the cost of living with the wired or wireless telephone, so there was no intention or ability to send the wired or wireless telephone even if he receives the money from the victim.

As above, the Defendant, by deceiving the victim as above, received 80,000 won from the victim via the Agricultural Cooperative Account (Account Number D) in the name of the Defendant, under the pretext of telephone call for the same day from the victim, and received a total of 2,427,00 won from the victims until November 2, 2012, as shown in the list of crimes in the attached Table.

On March 24, 2013, 2013, the Defendant, “2013 Highest 1348,” posted a letter “pop-up 16 op-up 16 op-up cop-up cop-up cop-up cop-on cop-on cop-on cop-on cop-on cop-on cop-on cop-on cop-on cop-on cop-on.”

However, the defendant did not have a mobile phone, and he thought that he would use the mobile phone price from the victim as a living cost, so even if he receives the mobile phone price from the victim, he did not have the intention or ability to send the mobile phone to the victim.

As such, the defendant deceiving the victim and received 300,000 won from the victim to the single bank account (Account Number F) in the name of the mobile phone price on the same day from the victim, and from the time of the same year.

5. Attached Table of Crimes until December 21.