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(영문) 대구지방법원 포항지원 2017.07.06 2016고단1162
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

On July 14, 2016, the Defendant stated to the effect that “Around July 14, 2016, the Defendant would send a domain to the Defendant if the Defendant deposited KRW 55,000 won in advance,” by communicating the victim to the effect that “the Defendant would purchase PC parts c.s. 206 posted by the victim D on a high-class foreign car page in the Internet.”

However, even if the defendant received the advance payment from the injured party, he did not have the intention or ability to send the above goods.

Nevertheless, as above, the Defendant was issued KRW 3,782,50 in total 18 times from August 23, 2016, including the receipt of KRW 55,000 on the same day from the injured party, and the Defendant received KRW 3,782,500 from that time, from that time, from August 23, 2016 as in the list of crimes in the attached Form (1) (the “E” of the annexed crime list (1) in the indictment appears to be a clerical error of the “F”). Accordingly, the Defendant, by deceiving the victims, received property from the victims, and took each of them.

On June 6, 2016, the Defendant found that “Around 2016 Gooman 1304, the Defendant would send the goods to the victim if he/she sent 40,000 won to the victim by visiting the victim’s G by using his/her cell phone and accessing the “opener”, which is a product transaction case using his/her mobile phone,” and posted by the victim G.

However, even if the Defendant received the aforementioned advance payment from the injured party, the Defendant did not have the intent or ability to deliver the said goods.

Nevertheless, the Defendant was issued KRW 2,654,00 in total 18 times from August 22, 2016, from that time, from the time to August 22, 2016, such as receiving KRW 40,000 from the injured party as above, by means of a false statement and receiving transfer of KRW 40,000 from the injured party.

Accordingly, the defendant, by deceiving the victims, received the goods from the victims and received them respectively.

The defendant of "2016 Highest 133" shall be the defendant on July 2016.

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