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(영문) 인천지방법원 2017.10.26 2017고단799
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

[2017 Highest 799]

1. The Defendant conspired to post a text on the mobile phone sales on C and the Internet, and to acquire the price of goods by fraud.

On November 18, 2016, the Defendant and C are engaged in pop-up 10.1 pop-up on the Internet server at the Internet site in Seoul Special Metropolitan City, Gwanak-gu. D' and on the national website.

A notice of the title " shall be posted and reported to the victim E who first made a contact with him/her," to send a PC to the victim E who first made a deposit of money.

“A false representation was made.”

However, in fact, the defendant and C did not have any intention or ability to send the price as promised because they did not think that they will use the price of the goods by receiving the remittance, and they did not have any sale PC.

In collusion with C, the Defendant received 130,000 won from the injured party through one bank account in the name of C (F) on the same day from the injured party, and acquired it through money, and then acquired it from the injured party, as well as from around that time to December 29, 2016, the Defendant received 2,360,000 won in total from each victim for the sales proceeds of cell phone or spick PC during 12 times from around that time to around December 29, 2016.

[2017 Highest 4936]

2. The Defendant and C, as a person with a related relationship, has posted a letter stating that goods are sold on the Internet website, and have conspired to acquire the price by fraud.

On December 28, 2016, the Defendant and C shall pop 5 pop-up on the Internet gallon site at the Internet gallon site.

“If money is paid first to a victim G who has posted a letter of “,” and reported it, it would send 5 No. 5 p.m. to a gallon.

“A false representation was made.”

However, the defendant and C did not have an intention or ability to send gallon 5 as they promised because they did not have gallon 5 gallon.

The defendant and C are competing.

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