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(영문) 청주지방법원 2019.08.13 2018고단2894

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around September 9, 2018, the Defendant stated that “Around September 9, 2018, the Defendant, using B, which was aware of a transaction of used goods, had the intent to commit C fraud, and that “B, instead of inside and outside of the phone, made a speech to sell a mobile phone to D, and made a speech to the buyer as the contact is directed by the buyer at the inside, and deposit the price of the goods to the buyer.” On the other hand, the Defendant sent the mobile phone to the buyer, and would pay to the width up to 2 million won per month at the teb expenditure.”

B, on September 10, 2018, in accordance with the Defendant’s instruction, posted a letter stating that “Aphone 7 mobile phones are sold” on the D website, and reported this fact to the victim E who contacted the victim E who sent it to the account.”

However, the defendant did not have any intention or ability to send a cell phone to the victim because he did not have a cell phone at the time.

Nevertheless, through B, it is clear that the defendant does not send goods to the victim, he/she received 250,000 won from the victim to the F Bank account (Account Number: G) in the name of B.

"2018 Highest 2912"

1. On September 2018, the Defendant: (a) attempted to commit the crime of fraud against the victim H using the I building at Chungcheongnamnam-do, the Defendant’s residence in Chungcheongnam-gu, and K, which became aware of as a valuable commodity transaction in the middle goods transaction in the Defendant’s residence; and (b) told K to the effect that “in lieu of internal and external sales of a mobile phone to D; (c) told the buyer as instructed by the buyer to contact with him; and (d) deposit money with the remitter in the receipt of the money.”

K, according to the above Defendant’s instructions, from September 5, 2018 to September 8, 2018, K posted a letter stating “sale of mobile phones” on the D website at the remote site, and reported this to the victim H who contacted, “on deposit of money, you will send 8 opphones.”