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(영문) 광주지방법원 2018.08.08 2018고단1113

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 1113] On December 28, 2017, the Defendant made a false statement to the effect that the Defendant purchased “E-campet” posted on the G-gu Gwangju Mine 1 and 213, a residential place, and the victim D’s “E-campet” posted on the “te-camper,” which is a mobile-camper, and that the fact was that the Defendant did not have “E-campet” and was planned to use it for the purpose of personal debt repayment, etc. even if the Defendant did not have any intent or ability to send the above Twit ticket even if he did not receive the price from the injured party, the Defendant made a false statement to the effect that “to send the ticket by mail if paid the price” to the victim.

As such, the Defendant, by deceiving the victim, received 265,000 won in the name of the F (Account Number G) account in the name of F, one of the following days from the victim, from the victim, and then by deceiving the victims, as described in the attached list of crimes from January 18, 2018, and by deceiving them total of 3,050,000 won, from January 11, 2018.

[2018 Highest 1982] On January 21, 2018, the Defendant posted a false statement to the effect that he/she would sell the said account if he/she remitted the amount of KRW 1,200,00 to the victim H who contacted by accessing his/her mobile phone to the Internet site “Liby M.” using his/her mobile phone at around 14:00, and then selling the said account.

However, the Defendant did not have the Nice Account at the time and did not have any intent or ability to sell Nice Account even if he received money from the injured party.

The Defendant received 1,200,000 won from the damaged party to the NongHyup Bank account in the name of F on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2018 Highest 1113]

1. Statement by the defendant in court;

1. Each statement of I, D, J, K, L, M, N,O, P, Q, and R [2]

1. Statement by the defendant in court;

1. Application of S’s written statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;