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(영문) 창원지방법원 마산지원 2019.10.29 2019고단389
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 26, 2018, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. by the Changwon District Court on April 26, 2018, and on November 12, 2018, the sentence was completely executed by the Changwon Prison on November 12, 2018.

around 19:20 on March 2, 2019, the Defendant called “D frequency collection” operated by the Victim C in Changwon-si, Masan-si, a non-permanent place (hereinafter “2019 Highest 389”) to the “D frequency collection.” On the other hand, the Defendant made a false statement to the effect that 100,000 won will be paid to 10,000 won to 10,000 won to 10,000 won to 10,000 won will be paid to 10,000 won to 10,000 won to 10,000 won to 10,000 won to 20,000 won.”

However, in fact, the Defendant did not intend to receive money from the victim as if he did not intend to receive money from the victim and did not intend to receive money from the victim. Thus, the Defendant did not have any intent or ability to pay money from the victim.

As such, the Defendant, as described in the attached Form 1 List from around that time to April 28, 2019, received a total of 1850,000 won from the victims as stated in the victim’s list of crimes, including deceiving the victims, deceiving the Defendant’s aircraft, and searching for the restaurant, demanded money from the victim, and obtained cash of 10,000 won from the victim.

Around January 30, 2019, the Defendant posted a sales letter to the effect that “E”, which is an Internet trading site, sells galthot 8 mobile phones in KRW 280,000, at an off-site site, and falsely read that the Defendant would sell galthot 8 mobile phones to the victim F who contacted galthot 8 mobile phones.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the gallon 8 mobile phones.

The defendant deceivings the victim as such, and thereby deceivings the victim under the name of the defendant for the consideration of goods from the victim.

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