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(영문) 대구지방법원 2019.09.19 2018고단4809
사기등
Text

Defendant

A As to the crime No. 5 of the judgment of Defendant B, the imprisonment of six months and the crime No. 7 of the judgment.

Reasons

Punishment of the crime

Defendant

B On September 5, 2018, the Daegu District Court and its branch court rendered a suspended sentence of 2 months on September 13, 2018, for the violation of the Punishment of Violences, etc. Act (joint conflict).

1. Around 18:00 on August 5, 2018, the Defendant posted a false statement stating that he/she will deliver goods if he/she transfers the price to E, by accessing the PC to the Internet website from which he/she is unable to know the trade name in Yongcheon-si (Defendant A) via a computer, and selling Aphone 8.

However, there was no intention or ability to send goods to the victim even if the defendant receives the payment from the victim because the defendant did not have a phiphone8.

As above, the Defendant, by deceiving the victim as above, received KRW 500,000 from the victim to a G deposit account in the name of the Defendant’s friendship on the same day, and from August 31, 2018, transferred KRW 6,305,000 in total from the victims up to 12 times, as shown in attached Table 1 of Crimes List 1.

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

2. Around October 21, 2018, the Defendant posted a false statement on the content that he/she sold Aphone X by accessing the Internet website from the IPC bank located in Yongcheon-si, Young-si to a computer located in H around October 21, 2018, and reported this fact to the victim JJ and the victim K.

However, there was no intention or ability to send the goods to the victims even if they receive the payment from the victims because the Defendant did not have an AphoneX.

As above, the Defendant deceiving the victims and transferred KRW 600,000 to the corporate bank account under the name of the Defendant on the same day from the victim J, and received KRW 600,000 from the victim K to the same account on the same day.

In this respect.

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