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(영문) 인천지방법원 2019.08.22 2019고단767
사기
Text

A defendant shall be punished by imprisonment for four months.

However, 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

Defendant A and Co-Defendant B conspired to draw up living expenses by putting up Internet frauds.

Accordingly, around November 8, 2018, the Defendants posted a notice to the effect that “gallon S9 shall be sold at the Internet C site” on the French site of Incheon or lower level, and reported this fact to the victim D who contacted the victim that “I will send 430,000 won to the cell phone.”

However, the defendants did not have the above mobile phone, and even if they received the above money, they thought that they will use it in living expenses, but did not have the intention or ability to send the mobile phone.

The Defendants, as above, by deceiving the victim and receiving 430,000 won from the victim’s E account in the name of Defendant A on the same day, received a total of 1,60,000 won from the victims over six times from around that time to December 9 of the same year, such as the list of crimes in attached Form A.

On February 6, 2019, the Defendants posted a letter that “the sale of Aphone X mobile phone” by accessing the Internet F at the French site around February 6, 2019, and then send a cell phone at the time of transfer to G with the victim G who reported and contacted the above letter.

The purpose was to make a false statement to the effect that "...."

However, as the Defendants did not have the above mobile phone, the Defendants thought that they will use the money for living expenses even if they received the money, and did not have the intention or ability to send the mobile phone.

The Defendants, as above, deceiving the victim, received 450,000 won from the victim to the H account under the name of the Defendant A on the same day, and acquired it by fraud.

Summary of Evidence

"2019 Highest 767"

1. Statement by the defendant in court;

1. The authenticity and a written statement of the victims "2019 Highest 2376";

1. Statement by the defendant in court;

1. Application of the said Acts and subordinate statutes to the written petition and statement;

1. Criminal facts;

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