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(영문) 창원지방법원 거창지원 2018.02.28 2017고단223
사기등
Text

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

Reasons

Punishment of the crime

"2017 Highest 223"

1. On November 15, 2016, the Defendant, against the victim C, puts a letter on the EPC room located in Gyeongnam Development Group D, stating that “I sell one Soviet mobile phone unit in S7 S7 L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L.

However, the defendant did not have the above mobile phone so that he did not have any intention or ability to sell the mobile phone to the victim even if he receives money from the victim as the sales proceeds.

Nevertheless, Defendant 1 received 3,40,000 won from the victim of such false statement and acquired it through a virtual account under the name of “Nber Pne” as the sales proceeds of mobile phones around November 16, 2016 from the victim.

2. On January 18, 2017, the Defendant, at around 00:16, up to 2:42 of the HPC proof records in G G G, the Defendant posted a letter to the effect that “hyromarkets sell one cell phone of 7 mobile phones to KRW 2.50,00,00” by accessing the Internet and trading website “hyromarkets.” The Defendant said that the Defendant sold the said cell phone to the victim F, who reported and contacted the said letter, and that the money would be remitted.

However, the defendant did not have the above mobile phone so that he did not have any intention or ability to sell the mobile phone to the victim even if he receives money from the victim as the sales proceeds.

Nevertheless, the Defendant, as seen above, received KRW 250,00 from the injured party to transfer the money via a criminal account (Account Number I) in the name of the Defendant as the sales proceeds of mobile phones on the same day from the injured party.

3. On January 18, 2017, at around 00:30 on January 18, 2017, the Defendant posted a letter to the victim J that “a 6 mobile phone unit is sold to KRW 200,000,000” by accessing the said “h market” website at the place indicated in the said paragraph (2), and reporting the said letter.

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