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(영문) 대구지방법원 2017.07.07 2017고단2266
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 25, 2016, “The Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on December 3, 2016.

However, according to the Defendant’s defense counsel’s contents of the case search conducted on July 3, 2017, the court below’s judgment was restored to the Defendant’s right to appeal by Suwon District Court 2017 early 929, and was pending in the appellate trial as Suwon District Court 2017No 4196. Thus, the above previous convictions are deleted.

[2017 Highest 2266]

1. On December 8, 2016, the Defendant, at around 11:20, sentenced the victim’s “E” operated by Jung-gu Daegu-gu C Victim D to pay the victim KRW 4.4 million by December 19, 2016.

However, in fact, the defendant purchased the above musical instruments from the injured party on credit, and sold them on the Internet to use them for living expenses, and even if he purchased the musical instruments from the injured party, he did not have the intention or ability to pay the purchase price for the musical instruments to the injured party.

After all, the Defendant received from the injured party one of the 4,400,000 won of the market price, the Defendant was issued one of the 3,000,000 colorphones.

2. On December 12, 2016, at around 18:30 on December 12, 2016, the Defendant made a false statement to the victim that “if an accelerator 54 sales an accelerator 54, the Defendant would pay 4.3 million won by December 19, 2016.”

However, the defendant did not have the intent or ability to pay the victim with the purchase of musical instruments on the grounds of the same reasons as the statement in paragraph 1.

Ultimately, the Defendant received from the injured party 4,300,000 won an accelerator 54 dial-a-bea-phones, the market price of which is 4,000 won.

[2017 Highest 2668] The Defendant’s residence “G” multi-household 202 located in Daegu-gu, Daegu-gu, around March 30, 2016, did not intend or have an ability to sell colorphones. However, the Defendant is entitled to sell colorphones.

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