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(영문) 수원지방법원 2017.12.21 2017고단2227

사기

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be liable to the applicant C for damage KRW 390,00,000, and the applicant D.

Reasons

Punishment of the crime

The Defendant, around October 8, 2016, up to 2227, posted a letter to sell S7 mobile phone when galloning gallon, and sold S7 portable phone to the victim N who reported and contacted this letter to 470,000 won when galloning gallon.

A false statement was made.

However, in fact, the defendant did not possess goods and thought that he would receive money from the victim N to use it as living expenses, etc., so even if he received money from the victim, he did not have any intention or ability to sell the goods.

Around October 8, 2016, the Defendant received KRW 470,00 from the Victim N to a company bank deposit account (O) in the name of the Defendant’s name as the sales proceeds of goods and received KRW 470,000 from September 30, 2016 to February 6, 2017 a total of KRW 39,843,50 in the following manner: (a) from September 30, 2016 to February 6, 2017:

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

On December 27, 2016, the Defendant up to 2017, the Defendant up to 3437, posted a letter to sell a phone 7 mobile phone at the Internet NAV and the foreign car page, and sold the phone 7,00,000 won to the victim who reported and contacted this letter.

A false statement was made.

However, in fact, the defendant did not possess goods and was thought to use money for living expenses by receiving money from the victim L, so even if he received money from the victim, he did not have the intention or ability to sell the goods.

The Defendant, from September 15, 2016 to January 1, 2017, received KRW 700,000 from the victim L to the company bank account in the name of the Defendant as the sale price of goods, and in the above manner, as shown in attached Table 2, from September 15, 2016 to January 1, 2017.