(영문) 대구지방법원 2016.12.15 2016고단4036

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(영문) 대구지방법원 2016.12.15 2016고단4036

사기

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A defendant shall be punished by imprisonment for not more than ten 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

The defendant of "2016 Highest 4036" did not have any intention or ability to sell goods even if he/she receives money from the victims in advance.

Nevertheless, on March 24, 2016, the Defendant posted a false statement to the effect that he/she connects to the Internet business opening site using a mobile phone at an irregular place, and sells a heavy and serious mobile phone, and that he/she sent a mobile phone to the victim D who reported and contacted the above writing “I would send a mobile phone if 4.30,000 won is remitted.”

On the same day, the Defendant was transferred 430,000 won as the mobile phone sales price to the Daegu Bank Account (F) in the name of E on the same day.

From that time to August 9, 2016, the Defendant received a total of KRW 9,940,000 from 30 victims in the same manner as indicated in the annexed crime list.

Accordingly, the defendant was provided property by deceiving the victims.

The defendant of "2016 Highest 4080" conspireds to make a false statement as if he/she sold a mobile phone through a pro-Japanese G and a high-class trading site on the Internet and to receive the money from remittance.

1. Around May 5, 2016, the Defendant and G posted a false statement on the PC page located in the Daegu Northerndong, stating that “Aphone 6S frame is sold” on the PC website, and that the Defendant and G sold a mobile phone on the face of remittance to the victim H who reported and contacted this.

However, the defendant and G did not have the above mobile phone at that time and even if they received the above money from the victim, they did not have the intention or ability to sell the above mobile phone.

In collusion with the defendant and G, the defendant and the victim were accused of such deception, and the victim received 420,000 won from the victim to the Daegu bank account in the name of I on the same day.

2. The Defendant and G around June 7, 2016 at the PCs located in the Daegu Northern-dong from the PCs, G, the Defendant and G, “AphoneSE 64.”

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