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(영문) 의정부지방법원 고양지원 2016.11.18 2016고단2716
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Fraud;

A. On February 21, 2016, the criminal defendant against the victim D made a false statement to the victim, “The victim, who, on the Internet E-site site bulletin board, posted an article on the sales of Samsung 4 mobile phone at Samsung Gallon, sent a mobile phone if he/she first deposits KRW 100,000,000,000, including selective distribution, in advance.”

However, in fact, the defendant had no intention or ability to send a mobile phone even if he receives money from the victim because Samsung Tallon had already sold the S4 mobile phone to another person.

As above, the Defendant, by deceiving the victim, received 100,000 won from the victim to the new bank account under the name of the Defendant on the same day.

B. On August 15, 2016, the criminal defendant against the victim F made a false statement to the victim, who had contacted the victim, stating that the Defendant posted an article on the Internet NAVV Gaba, selling Samsung 7 mobile phone at Samsung Galtha, and that “I will send a cell phone if the Defendant first deposits KRW 1.5 million with the cost of selective distribution.”

However, in fact, the defendant did not have S7 mobile phones at Samsung Gallon, and even if he received money from the victim, he did not have the intention or ability to send the mobile phone to the victim.

As above, the Defendant, by deceiving the victim, received 1.5 million won from the victim to the new bank account under the name of the Defendant on the same day.

2. Larceny;

A. At around 13:00 on June 19, 2016, the Defendant: (a) discovered one gate, the market price of which is equivalent to KRW 10,000,000,000, which includes the victim’s cash 50,000, in the New Village subway Station male toilets located in Mapo-gu Seoul Metropolitan Government on the two side line; and (b) discovered one gate, and one el G3 mobile phone, the market price of which is equivalent to KRW 80,000,000,000.

B. On September 5, 2016, the Defendant for theft against Victim G is Guro-gu Seoul Metropolitan Government H around 13:30.

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