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(영문) 인천지방법원 부천지원 2016.04.20 2016고단29

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant stated 950,000 won in an application for compensation order to the applicant C.

Reasons

Punishment of the crime

[criminal records] On November 28, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment for six months for fraud at the Incheon District Court Branch Branch Branch of the Incheon District Court, and on July 10, 2014, the Incheon District Court was sentenced to imprisonment for nine months, and on May 21, 2015, the Incheon District Court was sentenced to six months, respectively, for fraud. On October 15, 2015, the enforcement of the sentence was completed.

[2016 Highest 29] On October 29, 2015, the Defendant made a false statement to the effect that the victim E would purchase a set of money with access to the following car page. The Defendant made a false statement to the effect that “to send money to the victim by visiting the victim.”

However, there was no intention or ability to send money even if the defendant received money from the injured party because the defendant did not have a field of money.

As such, the Defendant, by deceiving the victim, received KRW 155,00 from the victim to the account under the name of the Defendant for the same day as the price for goods on the same day, and acquired the total amount of KRW 15,109,000 through the same method from October 29, 2015 to December 15, 2015, including the transfer of KRW 15,100 from October 29, 2015.

[2016 Highest 405]

1. On December 28, 2015, the Defendant: (a) connected the Defendant’s house located in Kimpo-si G apartment 304-dong 803, Kimpo-si, Kimpo-si, Kimpo-si, G, 304-dong 803; (b) posted a notice to the effect that the Victim F purchases the CPU (I5-4690) using a mobile phone; and (c) made a false statement on the victim’s phone to the effect that the Defendant would send the CPU (I5-4690).

However, since the defendant did not have the above CPU, even if he receives money from the injured party as the price for the goods, he did not have the intention or ability to sell it.

The defendant shall be the agricultural cooperative under the name of the defendant in the name of 205,00 won for the price of the goods from the damaged person on the same day.