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(영문) 부산지방법원 2018.11.28 2018고단3912
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 3912]

1. On May 14, 2018, the Defendant, who committed a crime on May 14, 2018, posted an article to the effect that he/she visited the Internet opening site on the street and sells S5 mobile phones at the bulletin board, and send the said mobile phone to the victim B who reported and contacted with it, if he/she remitted KRW 40,000 to the victim B.

The term "" refers to the following.

However, even if the defendant receives the price of goods from the injured party, he was thought to use it in living expenses, and there was no intention or ability to send the cell phone to the injured party as agreed with the injured party.

Accordingly, the defendant deceivings the victim and was transferred 40,000 won to the Saemaul Treasury account (C) in the name of the defendant under the name of the victim from the mobile phone price on the same day.

2. On May 19, 2018, the Defendant, who committed a crime on May 14, 2018, posted an article to the effect that “S5 mobile phones are sold at gallon S5 times” by accessing the Internet opening site on the bulletin board, and sending the said mobile phone to the victim D who reported and contacted with it, if he/she wired KRW 53,00 to the victim D.

The term "" refers to the following.

However, even if the defendant receives the price of goods from the injured party, he was thought to use it in living expenses, and there was no intention or ability to send the cell phone to the injured party as agreed with the injured party.

Accordingly, the defendant deceivings the victim, and received 53,000 won from the victim to the Saemaul Treasury account (C) in the name of the defendant in the name of the victim.

[2018 Highest 4623]

3. On June 28, 2018, the Defendant: (a) reported on June 28, 2018, around 21:00, that the Defendant sold S 5 prior to gallon in front of the Ggallon 1 Public Security Center located in Busan, Jin-gu, Busan, and that he/she sold S 5 in front of the Gallon 1 Public Security Center, and (b) reported that he/she was the genuine owner to the victims E, who had been using the Republic of Korea.

Handphones are no less than 45,00 won because of normal termination.

“The phrase “ was false.”

(b).

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