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(영문) 울산지방법원 2017.10.12 2017고단2763
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 2763 [Defendant] around June 27, 2017, the Defendant sent a letter to the NAC bulletin board of the Republic of Korea of the NAVV. “Sales of Aphones” to the victim E who reported and contacted the above letter “on the transfer of KRW 250,000 to the 250,000.”

“A false representation was made.”

However, due to the fact that the defendant did not have a phone, even if he receives money from the injured party, he did not have any intention or ability to send the victim with a phone.

As above, the Defendant deceivings the victim and received KRW 2,50,000 from the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant on the same day from the victim, and by deceiving the victims as described in the List of Crimes 1, and received a total of KRW 2,093,00 in total over 10 times.

【2017 Highest 3004 Defendant, on July 14, 2017, sold smartphones in the PC located in Jung-gu Seoul Metropolitan Government, and on the bulletin board of the country of China.

After posting a letter to the effect that “gallons S7 smartphones are sold at gallon, and send 50,000 won for pre-contracts to victims G who reported and contacted. The remainder shall be time to reduce goods.

“The meaning was the same as “.......”

However, since the defendant did not have smartphones to sell to the victim, even if he received a pre-contract from the victim, he did not have the intention or ability to deliver S7 smartphones to the victim.

Nevertheless, the Defendant, as seen above, received 50,000 won from the injured party’s bank account (H) via the Defendant’s bank account in the name of the Defendant as well as from around that time to July 28, 2017, by deceiving the victims over eight times, such as the statement in the list of crimes in the attached Table 2, and transferred KRW 1,680,000 in total.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition;

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