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(영문) 춘천지방법원 2018.02.07 2017고단996
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On October 26, 2016, the Defendant was sentenced to six months of imprisonment for a crime in the Goyang Branch of the Jung-gu District Court for fraud, and completed the execution of the sentence on April 16, 2017.

On August 5, 2017, the Defendant posted a false statement to the effect that “I will send a smartphone on the face of the week by deposit of KRW 255,000 to the victim C who reported and contacted the statement to the effect that I would have access to “I am 6 pop-up shop,” which is an Internet medium trading site, at the PC room where I would not know the trade name or less in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.”

However, since the defendant actually did not possess the above smartphone, even if he received money from the injured party, he did not have the intention or ability to sell it.

The defendant receives from the injured party the remittance of KRW 255,00 from the injured party to the Kakao Bank (E) in the name of D, and the same year from that time.

9. According to the evidence of the first time table of the crime committed in the same manner by September 2, 201, the date and time of deposit by the victim K No. 16 of the attached Table 1 of the daily list of crimes is apparent as of August 29, 2017. Thus, the date and time of deposit by the victim K is revised and recognized as of August 29, 2017.

As such, a total of 23 victims received a remittance of KRW 6,739,000 from the total of 23 victims.

"2017 Highest 1354"

1. On August 24, 2017, around August 23, 2017, the Defendant: (a) linked to “GPC room” located in Gwanak-gu in Seoul Special Metropolitan City, to “the sale of personal phone (opon)”; (b) drafted two false posts stating that “the sale of online mobile phone coophones” and “the sale of online mobile phone coos”; and (c) made a false statement to the effect that the Defendant sold mobile phone and mobile phone coophones to six victims, including H, listed in the attached Table 2, for which the Defendant reported and contacted the posting.

However, since the Defendant did not possess the above articles from the beginning, even if he received the money from the above victims, it shall be sold.

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