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(영문) 서울북부지방법원 2015.08.27 2015고단468
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 24, 2011, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the said sentence on August 14, 201.

1. Even if the victim C exports the mobile phone amount to D, it is uncertain that D is liable for the debt of several million won to D, and the other transaction parties are liable for preferential repayment, and even if the victim C is supplied with the mobile phone amount, the defrauded did not have the intent or ability to immediately pay the amount.

A. On November 12, 2013, at the mobile phone agency of the trade name “F” in the operation of the Defendant in Dobong-gu Seoul Metropolitan Government, the victim makes a false statement that “the victim would pay the victim the face value immediately following the delivery of the mobile phone value,” and that is, the victim would receive from the victim the amount equivalent to KRW 30 million at the 300 mobile phone value at the seat, namely, the victim’s c0 million market value.

B. Around November 15, 2013, at the same place, the victim made a false statement to the effect that “the victim will pay all the prices in lump sum on the following day after the delivery of the mobile phone amount,” and that is, the victim received from the victim the amount of KRW 310,000,000 from the victim, namely, the 310,000 market value of the mobile phone at the seat.

2. The defrauded by fraud against the victim G was already liable to the Chinese Joseon Party H for an existing debt to the Chinese Joseon Party H, and did not have the intent or ability to pay the price even if the mobile phone amount was supplied by the victim. However, around March 17, 2014, the victim G by means of falsity stating that “the price of the goods will be repaid immediately after the delivery of the mobile phone amount” to the victim G, and that it was obtained from the victim, namely, the amount of KRW 1,750,000 at the mobile phone value at the 1,750,000 won.

Summary of Evidence

1. Statement by the defendant in court (the fourth court date);

1. Each police statement concerning C and G;

1. Previous convictions: Criminal records and investigation reports (the confirmation of repeated crimes and reporting of attachment of judgment) shall apply to the Acts and subordinate statutes;

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