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(영문) 의정부지방법원 2017.06.15 2017고단843
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 843]

1. The Defendant posted a false statement to sell mobile phones, shoes, etc. at a price lower than the market price at the Internet ruptures, such as Facebook North Korea, and attempted to acquire money from the victims by receiving money from the victims.

Therefore, on June 16, 2016, the Defendant recruited the Defendant’s high school-friendly F with the Defendant’s high school-friendly F in the Ecscam located in Dongducheon-si, and then posted a false letter to use the PC to sell S6 in the Pscam in the middle and China’s bulletin board, and sent a false letter to the victim G who reported and contacted the letter to sell S6 in the Pscam in the middle and China’s bulletin board.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, even if the defendant and F have received money from the injured party, they did not have the intention or ability to send the goods.

Ultimately, the Defendant and F received KRW 200,000 from the injured party on the same day as the price for the goods on the same day, from the time when they were transferred to the National Bank Account (H) in the name of the Defendant, and from February 20, 2017, the Defendant and F deposited KRW 3,235,000 in total or by the Defendant alone, as shown in attached Table 1 of the List of Offenses Nos. 1, 200 until February 2017.

[2017 Highest 1090]

2. On January 7, 2017, the Defendant posted a cell phone on the Peston North Korea at an insular place. The Defendant would sell the cell phone at KRW 200,000.

“The transfer of KRW 200,00 to the victim I who expressed his intention to report and purchase” shall be sent to the victim I.

Although the Defendant made a false statement, the Defendant did not have the intent or ability to send the said goods even if he did not receive the price due to the absence of the said goods.

The defendant deceivings the victim as above and received 200,000 won from the victim to the account under the name of the defendant on the same day, and he shall also receive 30,000 won from the above day to February 21, 2017, such as attached Table 2.

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