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(영문) 대구지방법원 포항지원 2017.03.16 2016고단1131

사기등

Text

A defendant shall be punished by imprisonment for one year.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor for fraud, etc. in the Daegu District Court Port Branch Branch on April 15, 2015, and the judgment became final and conclusive on April 23, 2015.

The Defendant, around April 4, 2016, connected to LG G3 high-speed cell phone to “C” in the mutual influorial PC room located in the one-time zone at the port of port on April 4, 2016, selling the cell phone at KRW 87,000 to the victim D.

A false statement was made.

However, in fact, the Defendant did not have the above mobile phone and was thought to use the money received from the injured party as living expenses, etc., so there was no intention or ability to send the mobile phone even if he received the money from the injured party.

Accordingly, on April 4, 2016, the Defendant, by deceiving the victim, received 87,000 won from the Agricultural Cooperative Account (E) under the name of the Defendant from the victim, and received 5,429,000 won in total from 52 times from the victim, from June 28, 2016, from the time on June 28, 2016, and received 5,429,000 won in total from 52 times, as shown in the attached crime list 1.

On July 28, 2016, the Defendant posted a notice to the effect that “The F Internet website shall be sold in KRW 50,000,000” by accessing the F Internet website at the trade inflock bank located in Ulsan-gu, U.S., and reported this to the victim G (35 years old) who visited the Defendant.

In order to sell Handphones on the face of the week.

“The purpose of “ was to make a false representation.”

However, the defendant did not have a heavy Hand, so even if he received money from the injured party, he did not have any intention or ability to send it.

The Defendant received KRW 50,00 from the injured party to the National Bank Account (I) of H on the same day as the price for the goods, from around August 14, 2016, the Defendant received KRW 12,40,000 from 12 victims on a total sum of 12,00,000 from 12 occasions, such as the list of crimes in attached Form 2.