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(영문) 대구지방법원 2020.11.05 2019고단6238
사기등
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Daegu District Court on September 1, 2016, and completed the execution of the sentence on March 14, 2017.

1. On November 2018, the Defendant: (a) called the “AC” advertisement of the Company AB, which had been broadcasted in AAA in the residence of the Defendant in Daegu Suwon-gu L, Daegu-gu L, and (b) called the “AAAAA”); (c) made the call to the Defendant as if the Defendant was D; (d) made the Defendant’s personal information to the counseling staff on his name unsound; and (d) entered the “D” in the signature column of the electronic discount sales contract, which was transmitted to the Defendant’s cell phone used by the Defendant, on November 21, 2018.

On November 22, 2018, the Defendant entered “D” in the signature column of “LG 55”, which was transmitted to the cell phone used by the Defendant on November 22, 2018, and “LG 55”.

As a result, the Defendant forged two electronic copies of a sales contract in the name of D, which is a prior recording of rights and obligations, for the purpose of interfering with the affairs of AB.

2. The Defendant, as stated in the preceding paragraph, sent the two files of the electronic installment sales contract, which was written in writing, to a staff member in charge of AB, who is not aware of the forgery, and exercised the two files.

3. The defrauded did not have any intent or ability to pay the cost, even if the Defendant purchased electronic equipment under the name of D.

Nevertheless, the Defendant purchased 43 persons Full HD TV from the Victim AB on January 12, 2019 and delivered them to the Defendant’s residence. On January 16, 2019, the Defendant was delivered one of the washing machines at the LGTROM window at the same time, and on January 17, 2019, delivered 55 persons LG 55 persons LG TV at the same method, and delivered 4,696,400 won in total at the market price on three occasions.

In this respect, the defendant deceivings the victim to take property.

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