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(영문) 인천지방법원 2019.08.14 2019고단3791

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay 273,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[criminal power] On December 23, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and four months of imprisonment with prison labor in the Sungnam Branch of Suwon District Court, and completed the execution of the sentence in the female prison on September 18, 2017.

【Criminal Facts】

around 22:40 on March 12, 2019, the Defendant posted a letter “sale of a new world merchandise coupon” on the Internet website in Seo-gu Incheon AD AE, Seo-gu, Incheon, and told the victim BZ that “if sending money, inform the new world merchandise coupon number.”

However, even if the defendant received money from the victim, he did not have an intention or ability to inform the Fin number of merchandise coupons.

Nevertheless, the Defendant, by deceiving the victim as above, received transfer of KRW 273,00 from a AF account (CA CB) designated by the Defendant on the same day from the victim, and by deceiving four victims, as shown in the attached crime list, from around 28th of the same month, as shown in the attached crime list, and acquired the total amount of KRW 916,00 by transfer.

"2019 Highest 3908"

1. Around August 15, 2018, the Defendant posted the statement “I sell 5 galthoon on the Internet CD car page in front of the Taltho-distance Station located in Nam-gu Incheon Metropolitan City, Nam-gu.” On the Internet CD car page, the Defendant reported this fact and made a false statement to the victimCC as if I would normally sell the mobile phone.

In fact, even if the defendant receives the sales price from the victim, he did not have the intention or ability to sell mobile phones.

The Defendant, as above, by deceiving the victim, received KRW 150,000 from the victim’s account in the name of H (E) used by the Defendant on the same day.

2. On August 15, 2018, the criminal defendant against the victim CF made a false statement that he/she would sell a mobile phone if he/she deposits the payment to the victim CF by reporting gallonian 5 sales letters posted as stated in paragraph (1).

The defendant shall be subject to paragraph (1).