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(영문) 인천지방법원 2016.11.30 2016고단5040

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 24, 2016, the Defendant posted a letter stating that “PS VITA TV games are sold” at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City C 203, and said that “PS VITA TV games are sent to the victim D who contacted the Defendant.”

However, since the defendant did not have the above game machine, even if he received the price, he did not have an intention or ability to sell the game machine to the victim.

Nevertheless, the Defendant, as seen above, received KRW 63,00 from the time when he received KRW 63,00 in the name of the game machine payment from the bank account in the name of the Defendant on the same day from the victim, and received KRW 2,405,000 in total from the victims by the same method as the list of crimes in the attached Table from June 23, 2016.

around 11:30 on June 12, 2016, the Defendant made a false statement to the effect that “When transferring KRW 150,000,00, the mobile phone will be sent” to the victim E who reported and contacted the comments posted by the Defendant at the home of the above Defendant’s house, and on the Internet site Neinna, “S5 mobile phones will be sold.”

However, even if the defendant receives the payment from the victim, he did not have the intention or ability to sell the mobile phone.

As above, the Defendant, by deceiving the victim E and receiving KRW 150,000 from the victim’s corporate bank account in the name of F on the same day, was transferred from June 8, 2016 to June 22, 2016, in the same manner, KRW 683,00 in total from the victims four times as shown in the list of crimes in the attached Table.

around July 4, 2016, the Defendant sold ‘G4 mobile phones’ to Internet NAVER Kale, “China”. The Defendant posted a letter of its contents, and reported it.