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(영문) 인천지방법원 2018.02.08 2017고단6359
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 27, 2016, the Defendant was sentenced to a two-year suspended sentence to imprisonment for 4 months for fraud in this court, and the judgment became final and conclusive on May 5, 2016, and is currently under suspended sentence.

Around July 3, 2017, the Defendant, “2017 Highest 6359,” posted a letter and a photograph stating that “I will send Aphone 7 if I transfer 5.10,000 won to D, I will send Aphone 7 if I transfer 5.10,000 won.”

However, there was no intention or ability to sell it to the victim because the defendant did not have 7 phones from the beginning.

Nevertheless, the Defendant: (a) received 510,000 won in the name of the Defendant’s name (E) under the same day from the person suffering from the victim by deceiving the victim by such method as above; (b) and (c) received the remittance of 510,000 won in total from July 20, 2017 to July 05:01, 201, as indicated in the list of crimes in the attached Table, from then on 16 times.

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

Defendant 1, “2017 Highest 6605,” became aware of the Victim F through Pins North Korea.

On October 26, 2016, the Defendant told the Victim FF that “The bond company would find at the house and find it too difficult for the bond company to borrow money from the workplace until the monthly salary is reached.”

However, the defendant was thought to use money as living expenses, gambling funds, etc. from the damaged party, and even if he borrowed money from the damaged party, he did not have the intention or ability to repay it.

As such, the Defendant received 50,000 won in total from around that time to June 9, 2017, including the transfer of 50,000 won from the victim’s credit account (E) in the name of the Defendant on the same day, and received delivery from around that time to around June 9, 2017 as indicated in the list of crimes in the attached Table.

Accordingly, the defendant is the victim.

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