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(영문) 대구지방법원 서부지원 2018.11.21 2018고단362
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 650,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a term of fraud in the Western Branch of the Daegu District Court on September 28, 2017, and the judgment became final and conclusive on October 11, 2017, and is currently under probation. On February 2, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a term of fraud in the Western Branch of the Daegu District Court on February 2, 2018, and the judgment became final and conclusive on August 21, 2018.

[Criminal facts] On January 8, 2018, the Defendant posted a notice to sell a mobile phone on the Internet’s “C” website, which is a used goods transaction site, and reported it to the victim D who contacted with the Defendant. The Defendant would first deliver money to the victim D.

“A false statement” was made.

However, at the time of fact, the defendant did not have any intention or ability to deliver money even if he received money from the damaged party.

The defendant deceiving the victim as above and transferred KRW 7,50,000 from the victim to the E bank account under the name of the defendant on the same day as the sales proceeds of the mobile phone from the victim, and from that time, until January 12, 2018, the defendant was transferred KRW 2,30,000 from the four victims in total under the name of sales of mobile phones and traffic cards, such as the list of crimes in the annexed crime list.

On September 28, 2017, the Defendant was sentenced to two years of imprisonment for a term of fraud in the Western Branch of the Daegu District Court (Seoul District Court) on September 28, 2017, and the said judgment became final and conclusive on October 11, 2017, and is currently under suspension of execution, and on February 2, 2018, the Defendant was sentenced to one year of suspension of execution for four months of imprisonment for a term of fraud in the Western Branch of the Daegu District Court (Seoul District Court) on February 2, 2018, and the said judgment became final and conclusive on August 21, 2018.

[2] The Defendant, on January 11, 2018, posted a notice to sell computer parts on the Internet’s website, which is a medium and high goods trading site, at a place where it is not possible to know a place where it is possible for the Defendant to deliver the computer parts that the Defendant wants to transfer to the victim F.

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