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(영문) 대구지방법원 2019.05.22 2018고단5848
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[2018 Highest 5848]

1. On August 20, 2018, the Defendant posted a notice on the Defendant’s residence in Daegu-gu BBD C, by accessing the Internet website D with a cell phone, and selling Aphone 8. The Defendant reported that “the Defendant would send the goods when remitting the price.”

However, there was no intention or ability to send goods even if they are remitted from the victim because the defendant did not have a opphone 8.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 400,000 from August 20, 2018 to September 2, 2018, in total, seven times from the Defendant’s bank account in the name of the Defendant.

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

2. On September 13, 2018, the Defendant, at the Defendant’s residence in Daegu-gu BBBD C, posted a letter of access to the Internet website G and sold Stonland Slives, and made a false statement to the victim H who reported and contacted, stating that “on the transfer of the price, the Defendant will send the goods.”

However, the defendant did not have the stonaland Slives, so there was no intention or ability to send the goods even if they were remitted from the victim.

Around September 14, 2018, the Defendant, by deceiving the victim as above, received 340,000 won from the victim to the bank account in the name of the Defendant.

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

[2018 Highest 6078] On January 23, 2018, the Defendant posted a false statement that “I will send a cell phone to I who will pay KRW 300,000 to I by visiting the Internet “G” website using a cell phone at the Defendant’s house located in Daegu Dong-gu Dong-gu, Daegu, by using a cell phone.”

However, it is true.

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