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(영문) 대구지방법원 2018.07.11 2018고단1271

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 2, 2017, the Defendant is a person who was sentenced to a suspension of the execution of four months of imprisonment for fraud in the Western Branch of the Daegu District Court on June 2, 2017, and the said judgment became final and conclusive on June 10, 2017 and is currently under the said grace period.

On December 19, 2017, the Defendant, “2018 Highest 1271,” reported to the effect that the victim’s cell phone charges are changed after accessing the B’s website at the address address address address and then the victim’s cell phone charges are paid. In contact with the victim C, the Defendant would pay the mobile phone charges with the credit card at the time of deposit of money.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to pay the victim's mobile phone charges.

The Defendant, as such, by deceiving the victim, received 611,082 won from the victim to the corporate bank account (number D) in the name of the Defendant.

Accordingly, the Defendant, as seen above, received the victim’s property by deceiving the victim.

On December 21, 2017, the Defendant 2018 Godan 1295, the Defendant, at around 23:00 on December 21, 2017, up to 23:0, in the Defendant’s residence located in the Daegu Northern-gu apartment E apartment F, the Defendant, having access to the Defendant’s residence with smartphone B, posted the “Aphone X mobile phone purchase notice” by the victim G, and sold Aphone X mobile phone if the Defendant remitted KRW 1.50,00 to the victim in writing.

“A false representation was made.”

However, in fact, the Defendant thought that money received from the injured party was used for gambling on the Internet, etc., and even if he received money from the injured party due to no certain income or property at the time, he sent the phone X mobile phone.

there was no intention or ability to act.

Accordingly, the Defendant, by deceiving the victim, received KRW 1,150,000 from the victim on December 21, 2017 from the victim, to the company bank account (D) in the name of the Defendant, and received KRW 4,413,00 from the victims on seven occasions in total from January 12, 2018, including the transfer of KRW 1,150,00 from the victim’s bank account (D).

The defendant of "2018 Highest 1673" is around 06:50 on January 8, 2018.