beta
(영문) 대구지방법원 2019.07.24 2019고단1345

사기

Text

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

The defendant shall obtain money from B, who is an applicant for compensation, from 250,000 won and C.

Reasons

Punishment of the crime

[criminal power] On October 23, 2015, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Gwangju District Court’s Net Branch on March 1, 2017. On April 24, 2019, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Seocheon Prison Branch of the Daegu District Court, and the said judgment became final and conclusive on May 2, 2019.

【Criminal Facts】

"2019 Highest 1345"

1. On July 24, 2017, the Defendant: (a) connected the Defendant’s house located in Daegu-gu Seo-gu, to a mobile phone, and posted a letter on the EF car page bulletin board to sell contact accommodation; and (b) told the victim G who contacted with the phone to “250,000 won to transfer the right to accommodation for the purpose of transferring it.”

However, even if the defendant receives money, he did not have the intention or ability to transfer the right to accommodation.

As such, the Defendant, by deceiving the victim and receiving KRW 250,00 from the victim’s bank account under the name of the Defendant to transfer to the company bank account in the name of the Defendant, and by falsely concluding that the Defendant would sell contact accommodation tickets, contact pockets, and so on over 30 occasions from the Si to March 6, 2019, as described in attached Table 1., and then, received KRW 9,415,00 in total from the victims.

2. On October 10, 2018, the Defendant: (a) visited the victim C, who posted an article on the EF Kacbook in a mobile phone from the mar in the south of the Republic of Korea, using a mobile phone; (b) made a false statement to the effect that “The Defendant would transfer KRW 840,000 if he/she transfers He/she takes over four H contact pockets.”

However, the defendant did not have an intention or ability to pay the price even if he takes over the contact diskettes.

As such, the Defendant, by deceiving the victim, received from the victim an amount equivalent to KRW 840,00 from the victim the amount of KRW 840,000 by mail.

[2019 Highest 1596] Defendant 1, around August 15, 2018, called EF car page from the French land to the mobile phone around Busan.