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(영문) 대구지방법원 2018.04.24 2017고단5350
사기
Text

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

The defendant shall pay 440,000 won to the applicant C.

Reasons

Punishment of the crime

On July 28, 2017, the Defendant, “2017 Highest 5350, the Defendant, at his own house located in Daegu-gu Dong-gu, Daegu-gu, connected to “the Internet site” as an online site, and the fact does not have an intention or ability to send a portable phone, and then, the Defendant would send the victim E with “on deposit of money.”

“A false statement” was made.

As above, the Defendant: (a) by deceiving the victim; (b) received 240,000 won from the injured party to the Nong Bank account in F’s name on the same day; and (c) received the total amount of KRW 3,450,000 from that time by the same 12 times in total, as shown in attached Table 1 of the List of Crimes, from August 21, 2017.

On June 29, 2017, the Defendant, “2017 Highest 5428, the Defendant, at around 2017, connected to the Ayang-dong Inspection Station near the Gyang-gu, Daegu, to the Internet, and posted a letter on the sales of the Alop 7 Plus mobile phone at the Internet, and then sent it to the victim G who reported the fact that “420,000 won is sent, I would like to deliver the Alop 7 Plus mobile phone.

“A false representation was made.”

However, the defendant thought that money received from the injured party was used as entertainment expenses, etc., and even if he received money from the injured party due to no certain income or property at the time, he/she sent a mobile phone.

there was no intention or ability to act.

Accordingly, on June 29, 2017, the Defendant, by deceiving the victim, received KRW 420,000 from the victim, to the Agricultural Cooperative account (J) in the name of the Defendant Ha who had the Defendant’s friendship H, and then received KRW 5,859,500,00 in total, from the victims, from August 6, 2017, as shown in attached Table 2 of the List of Crimes, from August 6, 2017.

"2017 Highest 5740"

1. On August 20, 2017, the Defendant: (a) connected the Victim K with the Internet site, a website using a portable phone at his own house located in Daegu-gu Dong-gu, Daegu-gu, via a portable phone; and (b) did not have an intention or ability to send a portable phone; and (c) the Defendant was a heavy opon.

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