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(영문) 인천지방법원 2019.01.31 2018고단8311

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant 265,00 won against B who made an application for compensation, and 700.

Reasons

Punishment of the crime

[Criminal Power] On April 28, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court and completed the execution of the sentence on June 15, 2018.

Around September 11, 2018, the Defendant stated that “Around September 11, 2018, the Defendant sent a false statement to the effect that “Around September 2018, the Defendant would send a contact book to the victim K who visited G apartment in Michuhol-gu Incheon Metropolitan City and the Defendant’s mobile phone to sell the J contact Book.”

However, the defendant did not have a contact pocket so that he did not have any intention or ability to send a contact pocket even if he received money.

The Defendant, at around 12:59 on the same day, received KRW 290,50,500 in the name of the purchase price of a contact book from the victim to the account (M) in the name of the Defendant, and received a total of KRW 12,128,000 from around that time to October 26, 2018 by deceiving the victims by the same method, as shown in the attached crime list, and received a total of 25 times from around that time to October 26, 2018.

around 12:54 on October 17, 2018, the Defendant posted a letter to the effect that he/she would sell a J-contet through G apartment H, the Defendant’s residence in Michuhol-gu Incheon, Michuhol-gu, Incheon, andO, and then send a 370,000 won wire ticket to the victim P who reported and contacted the notice.

“Along with the fact that the Defendant did not have the above contact diskettes, the Defendant did not have the intent or ability to send the pertinent contact diskettes to the victim even if he did not receive money from the victim. Nevertheless, the Defendant, by deceiving the victim as above, and by deceiving the victim, took over KRW 370,000 from the Defendant Q Bank account (Account Number R) in the name of the Defendant on the same day from the victim. The Defendant, around October 6, 2018, 201, “2018 Go apartment H, the Defendant’s residence in Michuhol-gu Incheon Metropolitan City N, and “S contact Book” through theO.