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(영문) 인천지방법원 2019.09.30 2019고단1046
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant 300,000 won against B who applied for compensation, and 80,000 won against C who applied for compensation.

Reasons

Punishment of the crime

1. On October 27, 2017, the Defendant was sentenced to imprisonment with prison labor for a period of one year for a crime of fraud in the Goyang branch of the Jung-gu District Court on March 27, 2017, and the execution of the sentence was terminated on August 16, 2018.

On November 9, 2018, the Defendant: (a) connected the Defendant’s residence in Yeonsu-gu Incheon Metropolitan City I to “J”; (b) posted a mobile phone (Aphone X 64GB) sales text; and (c) falsely reported and contacted the victim K with “I will send the mobile phone if he/she sent the money.”

However, the defendant did not have the relevant mobile phone so that he/she had no intention or ability to sell the mobile phone even if he/she received the sales price from the victim.

As above, the Defendant deceiving the victim and received 590,000 won from the L bank account (Account Number: M) in the name of the Defendant at around 13:47 of the same day from the victim. From around that time to December 18, 2018, the “589,000” of the amount of damage No. 3 per annum 1 of the crime schedule attached to the indictment in attached Table 1 in the same manner as from that time to December 18, 2018 appears to be a clerical error in the “N Bank M deposit account No. 4 of the L bank: The “N Bank M deposit account” appears to be a clerical error in the “A”.

(Evidence Records 29 pages, 100 pages). A total sum of 3,374,790 won was remitted and taken over on five occasions, such as in this case.

2. On December 6, 2018, the Defendant made a false statement to the effect that “Aphone X will be sent if the Defendant sent money” to the victim S, who visited the Defendant’s house located in Q of the Yeonsu-gu Incheon P building, posted a mobile phone (opphoneX) sales text by accessing the Internet site “R,” and reported and contacted the fact.”

However, the defendant did not have the relevant mobile phone so that he/she had no intention or ability to sell the mobile phone even if he/she received the sales price from the victim.

As above, the Defendant deceivings the victim, and receives 600,000 won from the victim’s Tbank account under the name of the Defendant on the same day.

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