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(영문) 수원지방법원 안산지원 2018.09.18 2018고단2269

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On July 10, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud, etc. in the support of Suwon Fagwon, and the judgment became final and conclusive on July 18, 2018.

On February 2, 2018, the Defendant sells Handphone 6S Handphones to the Internet site in the Internet site located in Gangseo-gu Seoul Metropolitan Government C and 301.

The phrase “” is written to the victim D who reported and contacted this, and “Aphone 6S is sold in KRW 80,000.”

When you are golded, they will deliver handphones to their home-based delivery.

“Along with the answer, the said Handphones were sold, making a false statement as if they were sold.”

However, at the time, the defendant did not have the above Handphone, so even if he received the purchase price of the Handphone from the injured party, he did not have the intention or ability to sell the Handphone to the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 80,000 won to the account (E) of our bank account with the name of the defendant around March 2, 2018 as the purchase price for handphones from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of the draftD;

1. Previous convictions in judgment: The defendant's legal statement and text of judgment (the Suwon District Court's Ansan Branch 2018 High Court's High Court's Order 1135, 1400 (Joint), 1742 (Joint) and application of search-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) (where a judgment has been rendered simultaneously with a crime of fraud, etc. for which a judgment has become final and conclusive, consideration of equity shall be given);