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(영문) 대구지방법원 포항지원 2016.09.08 2016고단429

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On June 20, 2014, the Defendant was sentenced to one year of suspended execution and eight months of imprisonment, respectively, at the general military court of the First Military Branch of the Navy, for fraud, etc., and completed the execution of the sentence on February 28, 2015.

[2016 Highest 429] On February 26, 2016, the Defendant posted a letter to the Internet NAV-based website that “To sell well-known Patom Patom Posts” at a place that cannot be seen from February 26, 2016, and the Defendant said that “to send things if the price of the goods is paid in advance.”

However, the defendant did not have the intention or ability to sell tts to the victim.

The Defendant received KRW 145,00 from the victim to the Daegu Bank Account in the name of V on the same day from March 3, 2016, including the transfer of KRW 145,00,00 from the victim, and received KRW 728,100,00 in total from three times until March 3, 2016.

Accordingly, the defendant was informed of the victims and received each property.

[2016 Highest 697] The Defendant posted a letter stating that “DrcX-20 will be sold” on the Internet Nurina bulletin board at a place that could not be known on November 6, 2015, and sent drones to the main line by remitting KRW 240,000 to the victim AH for the purchase of drones.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send drones to the victim.

As above, the Defendant, by deceiving the victim and receiving 240,000 won from the post office account (AI) in the name of the Defendant for the price of goods from the victim, from that time to February 23, 2016, is as shown in the crime sight table. However, the “use account” used for the crime of fraud described in No. 2 52 is referred to as the “same” attached to the indictment.