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(영문) 서울중앙지방법원 2014.07.23 2014고단3661
사기
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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On November 13, 2013, the defrauded around November 13, 2013, the Defendant sold the 50,000 won phone to 70,000 won to the victim D at a restaurant located in a reasonable district of Cheongju-si, Cheongju-si. The Defendant first sold the 50,000 won phone to 70,000 won. The Defendant first sold the 150,000 won phone to 150,000 won, and the remainder of 550,000 won is deposited to 5,000 won on November 26, 2013. The Defendant received 150,000 won from the victim’s seat, namely,

However, even if the defendant received the mobile phone payment from the victim, he did not have the intention or ability to deliver the mobile phone to the victim.

Accordingly, the defendant deceivings the victim and defrauds 70,000 won.

2. On November 17, 2013, the accused of fraud, by phone call from the victim on November 17, 2013, shall be repaid one week if he/she lends 100,000 won to the victim.

On the same day, the Defendant was remitted from the victim to the national bank account in the name of the Defendant for the purpose of borrowing KRW 100,000 from the victim. However, at the time, the Defendant did not have any specific property or income and did not have any intent or ability to repay the money from the victim. Accordingly, the Defendant deceiving the victim and defrauded KRW 10,000 won by deceiving the victim. On November 25, 2013, 201, the fraud Defendant called the victim on November 25, 2013, “one hundred thousand won shall be repaid once a week,” and was remitted from the victim to the national bank account in the name of the Defendant for the purpose of borrowing KRW 10,000.

However, at the time, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because there is no particular property or income.

Accordingly, the defendant deceivings the victim and defrauds 100,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigative reports (to hear statements from victims);

1. A report on investigation ( reply to the details of door-to-door transactions);

1. Application of trade-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the Criminal Act 1.

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