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(영문) 인천지방법원 2017.07.19 2017고단2624

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be paid KRW 260,00,000, respectively, to the applicant D and E for compensation.

Reasons

Punishment of the crime

On February 4, 2015, the Defendant was sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Chuncheon District Court, and one year and eight months of imprisonment for fraud, and completed the execution of the sentence at the Chuncheon Prison on April 27, 2016.

On February 13, 2017, the Defendant posted a false statement to the effect that “the transfer of money to a victim F, who reported and contacted the above notice, will send a cell phone.” On February 13, 2017, the Defendant posted a false statement to the effect that “the transfer of money would be made to a victim F, who sent money.”

However, the defendant sent to the victim

Until now, there was no intention or ability to send a mobile phone even if the victim did not have a mobile phone and received the money from the victim, and therefore, he only intended to use the money as living expenses, etc., so even if he received the money from the victim.

Nevertheless, the Defendant deceiving the victim as above and acquired 398,00 won through the KB National Bank Account (G) in the name of the Defendant on the same day from the victim, and acquired 398,000 won from the victim to the same day from February 9, 2017 to June 16, 2017, and acquired 4,221,00 won in total from 14 times as shown in the attached list of crimes (1).

On February 11, 2017, the Defendant stated that “Around February 11, 2017, the Defendant would send the said mobile phone to the victim H, who reported and contacted gallon, by posting a letter “S7 mobile phone sales at gallon.” The Defendant sent the said mobile phone to the victim H, who sent 40,000 won.”

However, the defendant did not possess a mobile phone and did not have the intent and ability to send it even if he receives the payment from the injured party.

In addition, the defendant deceivings the victim as above and receives 400,000 won from the victim's account (G) in the name of the defendant.