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(영문) 창원지방법원 2018.04.03 2017고단4067
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be the applicant C with the amount of KRW 295,00,000, and the compensation shall be the applicant.

Reasons

Punishment of the crime

[criminal records] On July 22, 2016, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc., and completed the execution of the sentence at the Changwon Prison on August 1, 2017.

[2] The Defendant, on September 1, 2017, posted a false statement on the part of the Defendant, stating that “I will send a so-called Soviet mobile phone site in S7 when galloning S7” on the Internet Ninber Cine bulletin at a place where the place located on the Kimhae-si in around September 1, 2017 is unknown, and that I would send a so-called Soviet mobile phone site in S7 if I wish to send money to G with the victim who reported and contacted this.”

그러나 사실은 피고인은 피해 자로부터 돈만 받아 가로챌 생각이었을 뿐 피해자에게 휴대폰을 판매할 의사나 능력이 없었다.

The defendant deceivings the victim as above and transferred KRW 230,000 to the corporate bank account (Account Number: H) in the name of the defendant on the same day from the victim.

In addition, the Defendant received a total of KRW 23,959,000 from the victims over 70 times, as shown in the list of crimes in Attached Table 1, from around November 20, 2017.

On September 24, 2017, the Defendant posted a false statement to the effect that “I sells a golf white paper” on the Internet website using the Defendant’s portable phone at the 2018 upper end on September 24, 2017, and that “I will deliver two a golf white paper if I remitted money.”

However, the Defendant did not have a golf white and did not have the intent or ability to send the golf white, even if he received money from the injured party.

As above, the Defendant, as indicated in the List of Crimes 2, had a total of 4,90,00 won transferred from November 19, 2017 to 13 times in the same manner, including deceiving the victim and receiving 3,90,000 won from the victim’s corporate bank account under the name of the Defendant on the same day.

(i) the evidence;

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