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(영문) 대구지방법원서부지원 2020.11.06 2020고단1975
사기등
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A defendant shall be punished by imprisonment for four months.

except that 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

【Criminal Power】 On August 27, 2020, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months for robbery, etc. at the Daegu High Court, which became final and conclusive on September 4, 2020.

【Criminal Facts】

1. Fraud;

A. On October 4, 2019, the Defendant posted a sales text stating that “B sells opphone8” to “B” mobile phone from a remote area of Busan (hereinafter referred to as “B”) around October 4, 2019. The Defendant reported and contacted the text to the victim C who remitted KRW 320,000 to the victim C, the Defendant sent the said opphone8.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the goods to the victim.

As above, the Defendant, by deceiving the victim, received 320,000 won from the victim to the Do bank account (E) under the name of the Defendant as the price for the goods from the victim.

B. On November 17, 2019, the Defendant posted a sales letter stating that “B” in the “B” online phone from the French no more than Daegu to the mobile phone from November 17, 2019, the Defendant sent a false statement to the victim F who reported and contacted the said letter to the effect that “if he remitted KRW 440,000 to the victim F.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the goods to the victim.

As above, the Defendant, by deceiving the victim, received 440,000 won from the victim to the H bank account (I) in the name of G as the price for the goods from the victim.

C. On December 3, 2019, the Defendant posted a sales letter stating that “B sells Aphone8 to KRW 280,000” to “B” mobile phone from the French or does not exceed Daegu to the mobile phone around December 3, 2019, and transfers KRW 250,00 to the victim J who reported and contacted the said letter, the Defendant will deliver Aphone8.

‘A false statement' was made.

However, the defendant money from the victim.

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