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(영문) 울산지방법원 2018.12.21 2018고단2659
사기
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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On January 22, 2018, the Defendant access the Defendant’s home located in Ulsan-gu, Ulsan-gu B to the Internet “C” website and sell opphone 7.

A notice to the effect that “the victim, who reported and contacted the above writing, sent a false statement to the victim D, stating that “The victim will send 300,000 won and send a cell phone of 7 opphones.”

However, the defendant did not have an intention or ability to deliver a mobile phone even if he received money from the injured party and received money from the injured party.

The Defendant, by deceiving the victim as such, received 300,000 won from the victim’s account under the name of the Defendant to the E bank account (F) under the name of the Defendant for the consideration of goods.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Inquiry of transaction details;

1. Details of text messages dialogues;

1. Application of each statute on photographs;

1. The crime of this case is committed on the ground of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act for sentencing for sentencing of punishment. The defendant posted a false statement on the Internet that he sells mobile phones by accessing the Internet's trading site, and received money from the victim who contacted with the crime and acquired it by transfer. In light of the method and manner of crime, it is not good to commit the crime, and it is not sufficient to commit the crime. The crime of this case is one of the various crimes that the defendant acquired money from many unspecified people who want to purchase goods using the Internet, such as impairing the trading order of goods through the Internet, damaging social trust, etc., and thus, it is highly likely to criticize the crime of this case to raise living expenses without the awareness of the crime.

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