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(영문) 서울서부지방법원 2018.06.27 2018고단1218
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the District Court, which became final and conclusive on September 30, 2017, and is still under suspended sentence.

On January 7, 2018, the Defendant, “2018 Godan 1218, the Defendant, using a mobile phone at a place where it is impossible to know the place of residence on January 7, 2018, connected to the “hye Market” (hereinafter “hye Market”) which is an Internet trading site, by using a mobile phone, despite having no intent or ability to sell a mobile phone from the victim C, the Defendant, despite having no intention or ability to sell the mobile phone, sells S7 mobile phones

“A false statement to the effect that it received KRW 2.570,000 from the injured party on the same day from the national bank account (D) in the name of the Defendant, from that time, 2.50,000 won was remitted to the national bank account (D) in the name of the Defendant, and from March 5, 2018, he/she acquired KRW 2,770,000 in total over 15 times from March 5, 201

On March 8, 2018, the Defendant, “2018 Godan 1523, the Defendant, using a mobile phone at a place where it is impossible to know the place of light on or around March 8, 2018, connected to the “Gromarket”, which is the Internet trading site of high goods, even if having received money from the victim E, the Defendant, despite having no intent or ability to sell the mobile phone, sells S8 mobile phones at KRW 40,000 to the victim.

‘A false statement to the effect that it was received 400,000 won on the same day from the injured party to the post office account (F) in the name of the accused, and from that time until April 4, 2018, he/she received 1,130,000 won in total four times, such as attached Table 2 of the List of Crimes from April 4, 2018.

Summary of Evidence

"2018 Highest 1218"

1. Statement by the defendant in court;

1. C, G, H, I, J, K, L, M, N,O, and P Preparation “200 group 1523 group 1523 group;

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. Application of each statute of the E, R and S Preparation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Aggravation concurrent crimes;

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