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(영문) 대구지방법원 김천지원 2016.08.10 2015고단1436

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2015, the Defendant made a false statement on June 13, 2015, using a NAV on the NAC on the NAV on June 13, 2015, stating that “When gallon block, S6” and “ smartphone 4” in gallon block sell smartphones to 4.80,00 won,” and then made a false statement on the part of the victim D who has contacted with him/her that “if he/she sends payment, he/she will sell smartphones.”

However, the defendant did not have a smartphone at the time, and there was no intention or ability to send a smartphone to the victim.

The Defendant, by deceiving the victim as such, received 480,000 won in the name of the mobile phone price from the victim E with the personal compromise account (Account Number:F) in the name of E.

2. On June 14, 2015, the Defendant borrowed one of the 2 smartphones from around 22:00, Ansan-si G apartment 10x and 2xx to the victim H of the victim’s market value equivalent to KRW 400,000,000, and the Defendant borrowed the said smartphone.

Around June 21, 2015, the Defendant, while keeping the said smartphone for the victim, took advantage of the victim’s son’s words that the victim requested return of the said smartphone at the above location, but rejected and embezzled the return.

3. On June 24, 2015, at around 10:00 on June 24, 2015, the Defendant made a false statement to the effect that “the Defendant will change smartphones into the latest phone within 2:3 days from the 2nd to 3rd day on the flue page” to the victim J at the same place as the above paragraph 2.

However, even if the defendant receives smartphone from the injured party, he did not have the intention or ability to change it into the latest phone.

Nevertheless, the Defendant: (a) by deceiving the victim as such; and (b) took one of the LG options G3 smartphones, the market price of which is equivalent to 300,000 won owned by the victim from the victim’s seat.

4. On June 24, 2015, the Defendant for larceny: (a) at the same place as (b) around 13:00 around June 24, 2015, the Victim K is low.