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(영문) 대구지방법원 김천지원 2013.04.17 2013고단129
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 3, 2012, the Defendant posted a letter to the effect that “galgthal lux smartphones will be sold to 2.90,000 won” on the “L” bulletin board using a computer, and that “galthal lux smartphones will be sold to 2.90,000 won” was sold to the victim M who reported and contacted the above notice.

However, since the defendant did not have smartphones, even if he received money from the victim, he did not have the intention or ability to sell the heavy and smartphone.

The Defendant, by deceiving the victim as above, received KRW 290,00 from the new bank account (Account Number: N) in the name of the Defendant at around 08:23 of the same day from the victim, and received KRW 11,931,00 in total from the victims over 54 times from December 3, 2012 to January 24, 2013 in the aforementioned manner, as described in the annexed List of Crimes.

"2013 Highest 190"

1. On January 16, 2013, the Defendant sent a false statement to the victimO, stating that “The Defendant would sell heavy and high-speed smartphone gallonites by using a computer at the PC room located in the Gecheon-si, Kimcheon-si, and then sent a false statement to the victimO, who reported and contacted the above notice, stating that “The Defendant would transfer money to her home page and send smartphones to her home page.”

However, because the defendant did not have smartphones, the defendant did not have any intention or ability to sell heavy and smartphones even if he received money.

The Defendant, by deceiving the victim as above, received 280,000 won from the victim to the account of community credit cooperatives in the name of P, a branch office around 14:19 on the same day, under the name of a middle and high smartphone.

2. The Defendant is guilty of the victim R.

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