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(영문) 대구지방법원 포항지원 2018.05.02 2018고단108
사기
Text

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

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

around August 15, 2017, the Defendant stated that “Around August 15, 2017, South-gu B, 103, and the Defendant’s residence, which is a major trading site on the Internet, are connected to the country’s daily base, and on the bulletin board, the Defendant posted a false statement to the victim C who reported and contacted 1.80,000 won, that “I would deliver the State-owned goods by remitting 1.80,000 won.”

However, since the defendant did not possess the above goods, even if he received the above money from the injured party, he did not have the intention or ability to deliver the above goods.

The Defendant received KRW 180,00,000 from the victims in total on 16 occasions as shown in the list of crimes in attached Form 1 from around the above day to January 15, 2018, in the name of the Defendant’s forestry cooperative account (number D) under the name of the Defendant for the same day, and received KRW 1,428,000 from the victims in total.

Accordingly, the defendant, by deceiving victims, acquired money.

『2018 고단 266』 피고인은 2017. 10. 21. 18:39 경 경북 포항시 남구 B, 103호에 있는 피고인의 집에서 인터넷 중고매매 사이트인 네이버 ‘ 중고 나라 ’에 접속한 후 ‘ 빕스 모바일 상품권을 판매합니다

In the event that a written notice is posted and the victim E who reported it is remitted KRW 133,00,000 to the victim E, the said merchandise coupon will be delivered.

A false statement was made.

However, in fact, the defendant did not possess merchandise coupons and used the remitted money as living expenses, etc. so that he did not have any intent or ability to sell such merchandise coupons.

Nevertheless, the Defendant received 133,000 won from the injured party at around 19:23 on the same day from the national bank account (G) in the name of F, the Defendant’s wife.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. C, I, J, K, L, M.

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