(영문) 부산지방법원 2019.01.31 2018고단4756

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자간(%)

(영문) 부산지방법원 2019.01.31 2018고단4756

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On November 8, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on November 16 of the same year. On December 13, 2018, the Busan District Court sentenced one year of suspended execution to four months of embezzlement, and the above judgment became final and conclusive on December 21 of the same year.

【Criminal Facts】

1. On December 29, 2017, the criminal defendant against the victim B made a false statement to the victim “E” in the “E” in the Seoul Mapo-gu Seoul Mapo-gu Seoul and heading C and D’s operation of the victim, stating, “I will return the victim after 24 hours if I lend the Kamera to the victim.”

However, the defendant did not have any intention or ability to return the camera to the victim because he received the camera from the victim and sold it to the Famerpo in Seoul, and he thought to use it as repayment of personal debt.

The Defendant, as such, by deceiving the victim, was issued from the victim the sum of 3,995,960 won in the market value at the seat of 3,95,960 won, namely, a carmer (5DMAK3), sirens (70-200 meters in the debate), a bower, a charging instrument, and a camera.

2. On December 1, 2017, the criminal defendant against the victim F posted a letter to the effect that “h music CD 40 is sold” on the Internet G site, and false statement was made to the victim who visited the victim, stating that “When deposit KRW 325,000 is made, H music CD 40 will be sent.”

However, even if the Defendant received a gold source from the victim, the Defendant did not have any intent or ability to send the H music CD 40 copies.

The Defendant, as above, by deceiving the victim, received KRW 325,00 from the victim, to the J account (K) in the name of the Defendant-friendly I on the same day.

3. On February 22, 2018, the criminal defendant against the victim L sells the victim’s “boron card” to KRW 66,000 on the Internet M around 19:00.

‘False speech' was made.

However, even if the defendant receives money from the victim, he/she shall have the intention or ability to send an celebrity card.

유사 판례

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