beta
(영문) 인천지방법원 부천지원 2016.04.29 2016고단234

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 250,000 won to the applicant C, and 1,000.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at Daejeon Prison on August 25, 2015.

[2016 Highest 234] On September 21, 2015, the Defendant made a false statement to the victim D by using a mobile phone at an insular place (hereinafter referred to as Dacheon-si) and accessing Pins North Korea, thereby selling the four mobile phone to KRW 1 million.

However, since the defendant did not have a mobile phone to sell, even if he receives the price of goods from the injured party, he did not have the intention or ability to deliver the mobile phone.

The Defendant received KRW 1 million from the victim’s account in the name of the Defendant on the same day from the victim, and in addition, from around that time to around January 11, 2016, the Defendant received KRW 9,130,000 from the victims by the same method as indicated in the following list of crimes.

Accordingly, the defendant was informed of the victims to receive property.

[2016 order 358]

1. On March 13, 2015, the Defendant stated that “The Defendant would sell smartphones in KRW 2.50,000” to the victim G, who was aware of the introduction of a friendship club.

However, as the defendant did not have smartphones, he did not have intention or ability to sell it to the victim.

The Defendant received 250,000 won from the injured party to the Agricultural Cooperative (H) account in the name of the Defendant’s friendship on the same day.

2. On November 12, 2015, the Defendant stated that “The Defendant would sell smartphones for KRW 2.50,000 by arranging hand-on stores” to the victim I who came to know of the introduction of the Defendant’s friendship room.

However, as the defendant did not have smartphones, he did not have intention or ability to sell it to the victim.

The defendant is under the name of the defendant in the name of 2,50,000 won under the name of the victim for smartphone price on the same day.