beta
(영문) 창원지방법원 2018.01.30 2017고단3368

사기

Text

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

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

[criminal records] On August 13, 2015, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Daegu District Court, and completed the execution of the sentence on July 5, 2016. On December 23, 2016, the Changwon District Court sentenced the Defendant to eight months of imprisonment for fraud, and completed the execution of the sentence on May 29, 2017.

[2017 Highest 3368] On July 5, 2017, the Defendant would transfer the right to accommodation to the victim E, who posted a notice on the purchase of accommodation in a place where a place cannot be seen as a place where a place cannot be seen on or around July 5, 2017.

A false statement was made.

However, the defendant did not have a right to receive accommodation from the damaged party, so even if he received money from the injured party, he did not have the intention or ability to transfer the right to receive accommodation.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 100,00 from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day, and acquired a total of KRW 3,530,000 from that time by the same method until September 21, 2017, including from September 21, 2017.

[2017 Highest 3755] The Defendant, on September 11, 2017, up to the victim F, who posted a notice to purchase a food business franchis on the Internet’s website at a franchising place, selling 25,00 won to Franchis.

A false statement was made.

However, since the defendant did not have a food business, even if he received money from the injured party, he did not have the intention or ability to sell a food business.

Nevertheless, the Defendant, as such, by deceiving the victim, received 25,000 won from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day, and acquired 390,000 won in total over four times from September 25, 2017, such as the statement in the list of crimes in attached Table 2, from September 25, 2017.

Summary of Evidence

The defendant's petition of the victims of the statement in the court and the photographic report of account transactions (the text and individual of the judgment).