beta
(영문) 대구지방법원 김천지원 2019.10.17 2019고단33

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant 250,00 won against B who made an application for compensation, and C who made an application for compensation, shall be 260.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2018, the Defendant was released from the Kimcheon Juvenile Reformatory on November 30, 2018 and completed the execution of the sentence on December 11, 2018.

[2019 Highest 3]

1. On December 8, 2018, the Defendant posted a text of the mobile phone sales advertisement on the Internet F website without having an intention to sell a mobile phone normally, which is the Defendant’s residence, and then fraudulently made it false to the effect that he/she would deposit the mobile phone price in advance to the victim C who reported and sent the mobile phone via a door-to-door service, and that he/she received KRW 260,800 from the victim to the G account on December 9, 2018.

2. The Defendant posted a text of advertisement on a mobile phone sales on the Internet F website without having intention to sell a mobile phone normally at the above date and at the above location, and made a false statement to the effect that he would first deposit the mobile phone price to the victim B, who reported it, and send the mobile phone to the cell phone on the face of the week. The Defendant received KRW 250,000 from the victim to the G account on December 9, 2018.

[2019 Highest971] On January 25, 2019, the Defendant, using a mobile phone at the Defendant’s residence located in the H building I of the Dong-si, Chungcheongnam-si, Chungcheongnam-si, Gyeong-si, Gyeong-si, posted S8 sales text at gallon, and reported it to the victim K, who called “if sending money, sending money to gallon-si, sending S8 to gallon-si.”

However, in fact, even if the defendant did not actually possess the above goods and received money from the victim, he did not have the intention or ability to send the goods as agreed to the victim because he thought to use them as a cost of living.

Nevertheless, the defendant deceivings the victim as above, and such deceivings it from the victim to the post office account (L) in the name of G on the same day.