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(영문) 인천지방법원 2013.10.31 2012고단10061
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2012 Highest 10061] On March 30, 2011, the Defendant concluded that “A” store, a mobile phone agent located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, operated a mobile phone store, “A mobile phone store is operated with three mobile phones. If a large number of mobile phone subscribers supply goods, they will sell them to consumers and make them open.”

However, even if the Defendant was supplied with the cell phone from the victim, he had intended to sleeply sell the cell phone to the consumers in a normal way, and thus, the Defendant did not have the intent and ability to open the cell phone.

The Defendant, by deceiving the victim as above, received from the victim on March 31, 2011, the sum total of KRW 16,280,000, total of KRW 16,280,000, and KRW 110,000, total of KRW 20,000, at the same place as the market price of the same year, from the victim, and received from the victim the delivery of KRW 814,00,00.

4.1Around the same place, a sum of KRW 4,730,00 and the sum of KRW 27,500,000 in total for 32G chips equivalent to the market value of KRW 946,00 and KRW 21,147,50 were delivered at the same place.

[2012 Highest 11269] The Defendant called the victim E from the closed closed on February 2, 2011 to supply the mobile phone to the victim E, but the mobile phone is supplied. The Defendant made a false statement as if he sells the mobile phone normally.

However, in fact, the defendant was intended to open a mobile phone by stealing another person's name and then export the mobile phone or distribute the mobile phone to a foreign country. Therefore, even if he received a mobile phone from the victim, he did not intend to sell it normally.

The Defendant deceiving the victim as above on March 25, 201, and around 18:00 on March 25, 201, at G stores located in the Jung-gu Incheon, Jung-gu, Incheon, which operated by the victim, 416 14,00 won of the market price from the victim, as shown in the list of crimes (1).

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