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(영문) 인천지방법원 2017.03.30 2017고단1356
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On May 29, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Northern District Court for one year and six months, and on July 13, 2016, the Defendant completed the execution of the sentence at the Ansan Prison.

[2] On October 18, 2016, the Defendant, using smartphones, posted a notice to purchase a “Aphone 6S” on the bulletin board of the “Aphone 6S” online goods trading site, using smartphones at a store below Incheon, around October 18, 2016, and distributed this phone 6S if the Defendant pays KRW 30,000 to the victim C.

“ ......” sent text messages.

However, in fact, the Defendant did not hold the above smartphones and was planned to receive the money from the injured party to consume it for personal use, such as living expenses, and thus, even if he received 300,000 won from the injured party, he did not have the intention or ability to sell the above smartphones to the injured party.

The defendant deceivings the victim as above and was transferred KRW 300,000 to the national bank account in the name of the defendant's woman-friendly job offers D under the same day from the victim.

The Defendant, including that, from that time until January 29, 2017, by deceiving the victims in the same way over 52 occasions as shown in the list of crimes in the attached Table, and received a total of KRW 17,91,000 as the price for goods.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the E, F, H, I, K, K, K, M, Q, P, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AD, AE, AE, AF, AG, AH, AI, AJ, AJ, AJ, AK, AAL, AmM, AmM, AP, AP, AP, AS, AS, AV, AV, AV, AW, AY, AZ, B, B, B, or BD;

1. The details of each text conversation, the details of each remittance, the details of a bulletin to cut down a sign, the details of each Kakao Stockholm conversation, and the details of account transactions;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (applicable to repeated crimes and personal confinement);

1. Criminal facts;

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