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(영문) 대구지방법원 2016.02.17 2015고정2804

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On December 10, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on the 18th day of the same month.

[Criminal facts]

1. The Defendant received money, even if having received money, did not intend to send the things to be promised, and received cash from the Defendant to the deposit account as if he actually possesses it without any intention or ability to send it.

A. On March 1, 2014, the Defendant visited the Defendant’s house located in Daegu-gu B and 202 with his own smartphone to the Internet NVV “SE” car page, posted a false statement as if it were actually in possession, and led the Defendant to conduct direct trade. As such, the Defendant received 150,000 won from the victim C to the Defendant’s post office account (D).

B. On April 17, 2014, the Defendant received 70,000 won from the victim E to the above post office account by means of the same method as the preceding paragraph.

2. On November 10, 2014, the Defendant visited the Internet site at the above Defendant’s home, and sold S3 mobile phones when “galloning jumal jums”, the Defendant sent the goods to the victim F who reported and contacted the gallon.”

However, since the defendant did not have the above mobile phone from the beginning, there was no intention or ability to deliver goods.

The Defendant, as such, by deceiving the victim, received KRW 90,00 from the said victim to the single bank account under the name of the Defendant on the same day, and received a total of KRW 548,000 from six victims on six occasions, as shown in the attached crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each statement of F, I, J, K, E, and C;

1. Account transfer details, account statement, transaction specifications by account, transaction confirmation statement, receipt, inquiry of the results of transfer processing, personal financial transaction details, and personal free savings deposit.