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(영문) 광주지방법원 목포지원 2016.10.20 2016고단830
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around February 16, 2016, the Defendant posted a notice to the effect that “a 300,000 won is to be deposited” on the ctel 402 website via the Internet, and that “a fphone 6 is to be sold” was false on the ctel 402 website, and that “a 300,000 won is to be sent on the cell phone.”

However, even if the defendant receives money from the victim, he did not have the ability to send the cell phone to the victim.

Around February 16, 2016, the Defendant, by deceiving the victim as above, received KRW 300,000 from the industrial bank account under the name of the Defendant as the mobile phone price, and received total of KRW 12,00,000 from February 16, 2016 to June 27, 2016, including the fact that the Defendant received KRW 30,000 from the industrial bank account under the name of the Defendant as the mobile phone price.

Accordingly, the defendant had received property by deceiving the victims.

On May 30, 2016, the Defendant posted a false statement to the effect that “Aphone 4S mobile phone will be sold” after accessing his/her own cell phone to the Internet opening, and that “Aphone 4S mobile phone will be sent upon deposit of money” to the victim E who reported and contacted the above writing.

However, since the defendant did not have a mobile phone and was aimed at preparing living expenses, even if he received money from the victim, he did not have the intention or ability to send the mobile phone to the victim.

Nevertheless, at around 16:16 of the same day, the Defendant received KRW 110,00 from the victim as a post office account (F) in the name of the Defendant, and received total of KRW 1,150,000,000 from around that time to July 25, 2016 as indicated in the crime list (1).

Accordingly, the defendant had received property by deceiving the victims.

"2016 Highest 1095" Defendant is an item transaction at a place where the place is unknown on June 27, 2016.

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