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(영문) 울산지방법원 2020.04.03 2018고단3634
사기등
Text

[Defendant A] The defendant A shall be punished by imprisonment for two years.

Defendant

A is the applicant for compensation of KRW 400,00 and the applicant for compensation.

Reasons

【Criminal facts (Defendant B is only the case of 2019 Highest 2840)】 Defendant B was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Ulsan District Court on January 17, 2020. The judgment became final and conclusive on March 31, 2020.

【Criminal Facts】 2018 Highest 3634】

1. Defendant A put a false statement on July 19, 2018, stating that even if Defendant A did not have a certain occupation and income, and there was no money in the process of receiving the opon sales amount from the victim C, he would have been able to use the opon sales amount as living expenses or debt repayment, etc., and did not have the intent or ability to deliver the opon to the victim, Defendant A would not have any intent or ability to deliver the opon sales amount, Defendant A puts up a notice to sell the opon by accessing the Lopon case using a smartphone in the building K in Ulsan-gun, Ulsan-gun, Ulsan-gun, and that the victim contacted the victim who reported it “to deliver the opon upon the transfer of the opon,” Defendant A received KRW 400,000 from the victim for the same day as the purchase amount, and attached Form stating that

1. From that time to August 7, 2018, five victims were accused of the total sum of 2.6 million won by deceiving the victims by the same method, from that time to that time, as indicated in the list of crimes.

"2019 Highest 105"

2. On May 29, 2018, Defendant A posted a letter stating that he/she would sell a gallon 8 mobile phone on a mobile Maga, and made a false statement that he/she would deliver smartphones to the victim N who reported and contacted with him/her at his/her home if he/she remitted KRW 400,000 to him/her.

However, the defendant did not have smartphones so that he did not have any intention or ability to send smartphones to the victim even if he received money from the victim.

Nevertheless, the Defendant made a false statement as above and transferred KRW 400,000 as the sales price of the mobile phone from the victim to the O (P) account under the name of the Defendant on the same day, and on June 1, 2018, two times through the above OO account and Q (R) account under the name of the Defendant.

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