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(영문) 춘천지방법원 원주지원 2016.10.24 2016고단30

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2016 Highest 30"

1. On September 28, 2014, the Defendant posted a false statement on the part of the victim D, stating that “The Defendant shall sell one unit of the 5S mobile phone at KRW 2.80,000,000” to the victim who visited the victim by using a smartphone at a place located in the Sungdong-dong, Chungcheongnam-si, Chungcheongnam-si, and then sent one unit of the 5S mobile phone if he deposits KRW 1.50,000 in advance, and the remainder of 1.30,000,000,000 won are deposited after receiving the mobile phone.”

However, the defendant did not have opphone5S at the time, and there was no intention or ability to sell it to the victim.

The Defendant, as such, by deceiving the victim, received KRW 150,00 from the victim the deposit of KRW 17:59 on the same day with the agricultural bank account (F) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 29, 2014, the Defendant entered the victim C with a smartphone at a place located in the Sungdong-dong in Chungcheongnam-si, Chungcheongnam-si, and made a false statement to the effect that “The Defendant would purchase smart city gallon 2” posted on the gallon bulletin board, and that “the Defendant would send gallon 2 to the convenience store gallon gallon 2 if deposit KRW 130,000,000 to the victim.”

However, the defendant did not have gallon 2 at the time, so there was no intention or ability to sell it to the victim.

The Defendant, as such, by deceiving the victim, received KRW 1.30,000 from the victim via the Agricultural Cooperative Account (F) in the name of the Defendant around 22:03 on the same day.

Accordingly, the defendant was given property by deceiving the victim.

"2016 Highest 361"

1. The Defendant and G co-principal Defendant and G are located in the residence of the Defendant and G around March 7, 2015, in the Nam-gu Incheon Metropolitan City Htel.